Farm Credit Canada v. Wolfridge Farm Ltd. et al., 2015 NSSC 309

• Judge: Chipman, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 25, 2015
• Jurisdiction: Nova Scotia
• Citations: 2015 NSSC 309;(2015), 366 N.S.R.(2d) 265 (SC)

Farm Credit v. Wolfridge Farm (2015), 366 N.S.R.(2d) 265 (SC);

    1154 A.P.R. 265

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. OC.054

Farm Credit Canada (plaintiff/respondent) v. Wolfridge Farm Limited, John Early and Lydia Early (defendants/applicants)

(Hfx. No. 429150; 2015 NSSC 309)

Indexed As: Farm Credit Canada v. Wolfridge Farm Ltd. et al.

Nova Scotia Supreme Court

Chipman, J.

October 30, 2015.

Summary:

The defendants applied to have a foreclosure sale cancelled. The application was dismissed (see [2015] N.S.R.(2d) Uned. 132). The court awarded costs to the successful party, Farm Credit Canada (FCC). However, the court reserved on that aspect of its decision and invited written submissions. FCC sought solicitor and client costs for the proceeding as well as for another matter before Justice Leblanc. Through affidavit evidence, FCC put forth a solicitor client claim of legal fees, HST and disbursements totalling $75,554.29.

The Nova Scotia Supreme Court held that the costs of the two proceedings should be assessed by the respective presiding judges, who were best placed to analyze the nature of the proceedings and their substantive and procedural complexity. With respect to this proceeding, the court awarded costs to FCC in the amount of $4,000 together with their disbursements of $2,397.36 and any applicable HST.

Mortgages - Topic 5519

Mortgage actions - Action for foreclosure and sale - Costs - The defendants applied to have a foreclosure sale cancelled - The application was dismissed - The court awarded costs to the successful party, Farm Credit Canada (FCC), and invited written submissions on costs - FCC sought solicitor and client costs for the proceeding as well as for another matter before Justice Leblanc - Through affidavit evidence, FCC put forth a solicitor client claim of legal fees, HST and disbursements totalling $75,554.29 - The Nova Scotia Supreme Court held that the costs of the two proceedings should be assessed by the respective presiding judges, who are best placed to analyze the nature of the proceedings and their substantive and procedural complexity - With respect to this proceeding, the court stated that "The August 5 hearing was scheduled as a half-day special Chambers hearing. The matter took approximately a half day and was followed by my oral decision two days later. While not overly complex, I find this was a matter of great importance to the parties and there was significant effort involved in preparing for and conducting the Application. I dismissed the Application on the basis that the Defendants failed on all three parts of the test ... I found [the defendant] Mr. Early's evidence to be 'incredible' ... and his allegations of sharp practice to be 'completely unfounded'" - The court awarded costs to FCC in the amount of $4,000 (range of costs amount of $1,000 x 4) together with their disbursements of $2,397.36 and any applicable HST.

Practice - Topic 7364

Costs - Costs of interlocutory proceedings - Costs of motions or applications - [See Mortgages - Topic 5519 ].

Practice - Topic 7805

Costs - Solicitor and his own client costs - Entitlement to - Mortgage foreclosure action - [See Mortgages - Topic 5519 ].

Cases Noticed:

Tri-S Investments Ltd v. Vong, 1991 CarswellOnt 6612 (Gen. Div.), refd to. [para. 8].

Authors and Works Noticed:

Halsbury's Laws of Canada - Civil Procedure (2012 Reissue), § HCV-277 [para. 9].

Counsel:

Jeffrey P. Flinn, for the plaintiff/respondent;

John T. Early III, self-represented, defendant/applicant.

This matter was heard before Chipman, J., of the Nova Scotia Supreme Court, with final written costs submissions received on September 25, 2015. Chipman, J., delivered the following decision on costs on October 30, 2015.