Canada Life Assurance Co. v. Nova Scotia (Minister of Municipal Affairs) et al., (1996) 150 N.S.R.(2d) 260 (SC)

• Judge: Scanlan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 28, 1996
• Jurisdiction: Nova Scotia
• Citations: (1996), 150 N.S.R.(2d) 260 (SC)

Can. Life v. N.S. (1996), 150 N.S.R.(2d) 260 (SC);

  436 A.P.R. 260

MLB headnote and full text

The Canada Life Assurance Company (applicant) v. The Honourable Sandy Jolly, Minister of Municipal Affairs, and the Municipality of The County of Colchester (respondents) and Sobey Leased Properties Limited and Sobeys Inc. (third parties)

(S.T. No. 06013)

Indexed As: Canada Life Assurance Co. v. Nova Scotia (Minister of Municipal Affairs) et al.

Nova Scotia Supreme Court

Scanlan, J.

February 28, 1996.

Summary:

Canada Life, a landowner, sought certiorari to quash the Minister's decision approving a municipality's land use bylaw.

The Nova Scotia Supreme Court, in a decision reported 149 N.S.R.(2d) 81; 432 A.P.R. 81, struck Canada Life's application. Counsel filed written submissions on the matter of costs.

The Nova Scotia Supreme Court delivered a supplementary decision on costs. The court awarded the Municipality of the County of Colchester $7,650 being costs based on scale 4 and an amount involved of $80,000. The third party intervenors were awarded $3,825 being costs based on scale 1 and an amount involved of $80,000.

Practice - Topic 7003

Costs - Party and party costs - Amount involved - Canada Life, a landowner, sought certiorari to quash the Minister's decision approving a municipality's land use bylaw - The Minister and the munici­pality successfully applied to strike Canada Life's application - The parties made written submissions on costs - The Nova Scotia Supreme Court stated, with respect to the municipality's costs, that it was difficult to attribute a value to the litiga­tion because the municipality was not a developer and had no easily defined econ­omic development in the area - The court fixed the amount involved at $80,000, having regard "to the issues involved and the consequences of having the Minister's decision quashed" - See paragraphs 9 and 10.

Practice - Topic 7020

Costs - Party and party costs - Entitle­ment to - Successful party - General principles - The Nova Scotia Supreme Court held: "It would be improper to tell parties who can afford to litigate to expect that, because they have the financial resources to finance litigation, they will not be entitled to an award of costs should they succeed. This would serve only to penalize the successful party. Parties should also be aware that even though they do not have substantial resources, if an action is without merit there may be cost consequences" - See paragraph 5.

Practice - Topic 7020.1

Costs - Party and party costs - Entitle­ment to - Successful party - Quantum - Canada Life, a landowner, sought certiorari to quash the Minister's decision approving a municipality's land use bylaw - The Minister and the municipality successfully applied to strike Canada Life's application - The parties made written submissions on costs - The Nova Scotia Supreme Court stated, with respect to the municipality's costs, that it was difficult to attribute a value to the litigation because the munici­pality was not a developer and had no easily defined economic development in the area - The court fixed the amount involved at $80,000 and awarded costs based on scale 4 in the amount of $7,650 - See paragraph 10.

Practice - Topic 7029

Costs - Party and party costs - Entitle­ment to - Successful party - Exceptions - Novel or important point - Canada Life, a landowner, sought certiorari to quash the Minister's decision approving a municipal­ity's land use bylaw - The Minister and the municipality successfully applied to strike Canada Life's application - Sobeys, another landowner, intervened in the ap­plication to strike - The parties made writ­ten submissions on costs - Canada Life argued that neither the Minister nor the munici­pality nor Sobeys should be en­titled to any costs because of the novelty and complex­ity of their application - Can­ada Life submitted that the matter was of public interest, that the bylaw affected a number of landowners and that it com­menced its action to protect them - The Nova Scotia Supreme Court rejected Can­ada Life's position - See paragraphs 3, 4 and 8.

Practice - Topic 7036

Costs - Party and party costs - Entitle­ment to - Intervenant - Canada Life, a landowner, sought certiorari to quash the Minister's decision approving a municipal­ity's land use bylaw - The Minister and the municipality successfully applied to strike Canada Life's application - Sobeys, another landowner, intervened in the ap­­plication to strike - The parties made written submissions on costs - The Nova Scotia Supreme Court, with respect to Sobeys' Costs, stated that "while Sobeys did have a financial interest which they sought to protect, their intervention added little in terms of substance" - The court awarded Sobeys $3,825 being costs based on scale 1 and an amount involved of $80,000 - See paragraphs 11 and 12.

Cases Noticed:

Landymore et al. v. Hardy et al. (1992), 112 N.S.R.(2d) 410; 307 A.P.R. 410 (T.D.), refd to. [para. 9].

Counsel:

Gary A. Richard and Thomas W. Jarmyn, for the applicant;

Peter M. Rogers for the Municipality of the County of Colchester;

Jonathan Davies and Cathleen C. O'Grady, for the Minister of Municipal Affairs;

Robert G. Grant and Nancy G. Rubin, for the third parties.

This matter was heard by Scanlan, J., of the Nova Scotia Supreme Court, who deliv­ered the following decision on February 28, 1996.