Dumont v. Law Society of Prince Edward Island, (1990) 84 Nfld. & P.E.I.R. 84 (PEICA)

• Judge: Carruthers, C.J.P.E.I., Mitchell and McMahon, JJ.A.
• Case Date: April 02, 1990
• Jurisdiction: Prince Edward Island
• Citations: (1990), 84 Nfld. & P.E.I.R. 84 (PEICA)

Dumont v. P.E.I. Law Soc. (1990), 84 Nfld. & P.E.I.R. 84 (PEICA);

    262 A.P.R. 84

MLB headnote and full text

Daphne Dumont (appellant) v. Law Society of Prince Edward Island (respondent)

(No. AD-0122)

Indexed As: Dumont v. Law Society of Prince Edward Island

Prince Edward Island Supreme Court

Appeal Division

Carruthers, C.J.P.E.I., Mitchell and McMahon, JJ.A.

May 11, 1990.

Summary:

Dumont, a lawyer, was successful in an action involving the Law Society of Prince Edward Island and applied for costs. The Law Society submitted that costs should not be awarded against it because it was an administrative tribunal. Also, Dumont failed to raise the determinative issue in the notice of appeal.

The Prince Edward Island Supreme Court, Appeal Division, awarded Dumont one-half her taxed costs.

Practice - Topic 8326

Costs - Appeals - Cost of appeal - General principles - Administrative tribunals - A successful appellant applied for costs - The respondent, an administrative tribunal, submitted that the trend was that costs were not awarded against administrative tribunals - The Prince Edward Island Supreme Court, Appeal Division, awarded the appellant one-half her taxed costs - The court stated that costs should not be awarded against the tribunal when the counsel for the tribunal confined himself to the question of jurisdiction - However, the arguments in this matter had gone beyond jurisdiction - See paragraph 10.

Practice - Topic 8326

Costs - Appeals - Cost of appeal - General principles - Failure to plead determinative issue - A successful appellant applied for costs - The respondent submitted that costs should not be awarded because the appellant failed to raise the ground for decision in the notice of appeal - The Prince Edward Island Supreme Court, Appeal Division, held that the failure to raise the determinative issue in the notice of appeal was not a bar to costs, merely a factor to be considered.

Practice - Topic 8326

Costs - Appeals - Cost of appeal - General principles - A successful appellant applied for costs - The respondent, an administrative tribunal, submitted that costs should not be awarded because the appeal was decided on grounds that had not been raised in the notice of appeal - Furthermore, the trend was that costs were not awarded against an administrative tribunal - The Prince Edward Island Supreme Court, Trial Division, awarded the appellant one-half her taxed costs.

Cases Noticed:

Dumont v. Law Society of Prince Edward Island (1989), 80 Nfld. & P.E.I.R. 1; 249 A.P.R. 1, refd to. [para. 4].

Litwin Const. (1973) Ltd. v. Kiss (1986), 7 B.C.L.R.(2d) 97, folld. [para. 8].

Statutes Noticed:

Law Society and Legal Profession Act, R.S.P.E.I. 1974, c. C- 9, sect. 27 [para. 3].

Supreme Court Act, R.S.P.E.I. 1988, c. S-10, sect. 53(1) [para. 6].

Authors and Works Noticed:

Orkin, The Law of Costs (2nd Ed. 1987), para. 205.2(2) [para. 7].

Counsel:

William G. Lea, Q.C., for the appellant;

David R. Hammond, for the respondent.

This appeal was heard on April 2, 1990, before Carruthers, C.J.P.E.I., Mitchell and McMahon, JJ.A., of the Prince Edward Island Supreme Court, Appeal Division. The following decision of the Court of Appeal was delivered on May 11, 1990, by Carruthers, C.J. P.E.I.: