Jerome v. Akers, (2014) 344 N.S.R.(2d) 121 (SC)

• Judge: LeBlanc, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 22, 2012
• Jurisdiction: Nova Scotia
• Citations: (2014), 344 N.S.R.(2d) 121 (SC);2014 NSSC 138

Jerome v. Akers (2014), 344 N.S.R.(2d) 121 (SC);

    1089 A.P.R. 121

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. MY.029

Myra L. Jerome (applicant) v. Pearl E. Akers (respondent)

(Hfx. No. 391604; 2014 NSSC 138)

Indexed As: Jerome v. Akers

Nova Scotia Supreme Court

LeBlanc, J.

April 16, 2014.

Summary:

Jerome applied in Chambers for a declaration that a right-of-way had been extinguished. Akers contested that, and also asked for an order prohibiting Jerome from blocking access to the right-of-way, as well as another order relating to the Registry of Deeds.

The Nova Scotia Supreme Court, in a decision reported at (2013), 330 N.S.R.(2d) 389; 1046 A.P.R. 389, dismissed Jerome's application and declined to make the orders sought by Akers. The parties were unable to agree on the issue of costs and made written submissions.

The Nova Scotia Supreme Court awarded costs of $2,500, based on Tariff C ($1,000 with a multiplier of 2.5), and disbursements, with the exception of Quicklaw charges.

Practice - Topic 7002

Costs - Party and party costs - General principles and definitions - Chambers applications - [See Practice - Topic 7020.1 ].

Practice - Topic 7020.1

Costs - Party and party costs - Entitlement to party and party costs - Successful party - Quantum - The applicant, a self-represented lawyer, applied for a declaration that a right-of-way had been extinguished - The respondent contested that, and also asked for an order prohibiting the applicant from blocking access to the right-of-way, as well as another order relating to the Registry of Deeds - The Chambers judge dismissed the application and declined to make the orders sought by the respondent - The applicant submitted that no costs be awarded since there were mixed results; in the alternative, that costs be assessed as a half day hearing under Tariff C, without any multiplier; namely, $1,000, less $500 for her success defending the counterclaim - The respondent, who had retained senior counsel, sought costs of between 50% and 80% of actual costs, and suggested $6,500 as appropriate - The Nova Scotia Supreme Court awarded costs of $2,500 ($1,000 with a multiplier of 2.5) - There were four witnesses, all of whom were cross-examined - There was no reason to depart from Tariff C (range of $750 to $1,000), with multipliers of 2, 3, or 4 available at the Court's discretion since the hearing was dispositive - Although the hearing was not unduly complex, it was important to the respondent, and a lot of effort was expended in preparing for the hearing - Although the respondent was not successful in obtaining the secondary orders, the greater portion of that relief was essentially subsumed into the finding that a right-of-way existed - Also, little time was spent dealing with those issues at the hearing and in the brief.

Practice - Topic 7118.1

Costs - Party and party costs - Special orders - Multiplier - [See Practice - Topic 7020.1 ].

Practice - Topic 7641

Costs - The tariffs, schedules etc. - General - [See Practice - Topic 7020.1 ].

Cases Noticed:

National Bank Financial Ltd. v. Potter et al. (2008), 267 N.S.R.(2d) 339; 853 A.P.R. 339; 2008 NSSC 213, refd to. [para. 7].

Corfu Investments Ltd. v. Oickle, [2011] N.S.R.(2d) Uned. 193; 2011 NSSC 223, refd to. [para. 7].

Viehbeck v. Pook, [2012] N.S.R.(2d) Uned. 70; 2012 NSSC 113, refd to. [para. 7].

Veno v. Ensor Estate (2013), 337 N.S.R.(2d) 174; 1067 A.P.R. 174 (S.C.), refd to. [para. 12].

Bank of Montreal v. Scotia Capital Inc./Scotia Capitaux Inc. et al. (2002), 211 N.S.R.(2d) 107; 662 A.P.R. 107; 2002 NSSC 274, agreed with [para. 16].

Cunning v. Doucet, [2009] N.S.R.(2d) Uned. 162; 2009 NSSM 35 (Sm. Cl.), agreed with [para. 17].

Creighton v. Nova Scotia (Attorney General) et al. (2011), 309 N.S.R.(2d) 317; 979 A.P.R. 317; 2011 NSSC 437, agreed with [para. 18].

Counsel:

Myra L. Jerome, self-represented;

William Leahey, for the respondent.

The application was heard on November 22, 2012, in Halifax, Nova Scotia, before LeBlanc, J., of the Nova Scotia Supreme Court, who delivered a written decision on May 15, 2013. Final written submissions on costs were filed on June 5, 2013. The Court delivered the following decision on costs, dated April 16, 2014.