Crestpark Realty Ltd. v. Riggins, Mar Developments Ltd. and Dartmouth (City) et al., (1975) 12 N.S.R.(2d) 666 (TD)

• Judge: Morrison, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: July 24, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 12 N.S.R.(2d) 666 (TD)

Crestpark Realty Ltd. v. Riggins (1975), 12 N.S.R.(2d) 666 (TD);

       6 A.P.R. 666

MLB headnote and full text

Crestpark Realty Ltd. v. Riggins, Riggins, Mar Developments Ltd., Burchell, Jost, MacAdam & Hayman (third party), Buildmore Realty Ltd. (third party) and City of Dartmouth (third party and defendant)

Indexed As: Crestpark Realty Ltd. v. Riggins, Mar Developments Ltd. and Dartmouth (City) et al.

Nova Scotia Supreme Court

Trial Division

Morrison, J.

July 24, 1975.

Summary:

This headnote contains no summary.

Practice - Topic 7021

Costs - Party and party costs - Entitlement of successful party to party and party costs - Exceptions - Conduct of successful party - The Nova Scotia Supreme Court, Trial Division, deprived a successful plaintiff of party and party costs because of the unreasonable behaviour of the plaintiff before and after the commencement of the litigation - See paragraph 11.

Statutes Noticed:

Civil Procedure Rules, rule 63.02 [para. 6].

Counsel:

Alan Stern, and Robert Covert, for the plaintiff;

Harold Jackson, Q.C. and Ronald Jackson, for John Riggins and Muriel Riggins;

Arthur Moreira, Q.C., and Peter MacKeigan, for Mar Developments Limited;

D.R. Chipman, Q.C., and Eugene Murphy, for Burchell, Jost, MacAdam & Hayman;

Doane Hallett, Q.C., for Buildmore Realty Limited;

William Kydd, and Mary Cleyle, for the City of Dartmouth.

This decision was a supplementary decision with respect to costs and was delivered on July 24, 1975. The decision was supplementary to a decision dated April 22, 1975.