Noye Enterprises Inc. et al. v. Grady, (1998) 162 Nfld. & P.E.I.R. 312 (PEITD)

JudgeDesRoches, J.
Case DateMarch 19, 1998
JurisdictionPrince Edward Island
Citations(1998), 162 Nfld. & P.E.I.R. 312 (PEITD)

Noye Ent. Inc. v. Grady (1998), 162 Nfld. & P.E.I.R. 312 (PEITD);

    500 A.P.R. 312

MLB headnote and full text

Temp. Cite: [1998] Nfld. & P.E.I.R. TBEd. MR.023

Noye Enterprises Inc. (plaintiff/defendant to counterclaim) and George Smith and Sons Plumbing and Heating Ltd., T W Holdings Inc., and Town 'N Country Interiors Inc. (plaintiffs) v. Stewart Grady, Margaret Grady, James Grady and Rhonda Grady (defendants/plaintiffs to counterclaim)

(Docket: GSS-3235; GSS-3236; GSS-3237; GSS-3247)

Indexed As: Noye Enterprises Inc. et al. v. Grady

Prince Edward Island Supreme Court

Trial Division

DesRoches, J.

March 19, 1998.

Summary:

Plaintiffs involved in the construction industry sued the Gradys for damages for amounts outstanding for the supply of materials and labour in the construction of the Gradys' residence. The Gradys counter­claimed against one of the plaintiffs, assert­ing that the plaintiff breached a contract to complete construction for a specified price.

The Prince Edward Island Supreme Court, Trial Division, in a decision reported 159 Nfld. & P.E.I.R. 214; 492 A.P.R. 214, allowed the plaintiffs' action and assessed damages on a quantum meruit basis. The court dis­missed the counterclaim.

The Prince Edward Island Supreme Court, Trial Division, in the decision reported below, dealt with the issue of costs.

Practice - Topic 7241

Costs - Party and party costs - Offers to settle - General - Plaintiffs involved in the construction industry successfully sued the Gradys for damages for amounts out­stand­ing for the supply of materials and labour in the construction of the Gradys' resi­dence - The plaintiffs sought costs on a solicitor and client basis from October 6, 1997, the date they served an offer to settle on the Gradys to the date of judg­ment - The Prince Edward Island Supreme Court, Trial Division, declined to award solicitor and client costs - The plaintiffs' offer expired on October 20, 1997 and could not be revived by a verbal repeat of the offer on the eve of the trial.

Statutes Noticed:

Rules of Court (Nfld.), rule 49.10(1) [para. 7].

Counsel:

Derek D. Key, for the plaintiffs;

John Hennessey, for the defendants.

This action was heard on November 17, 18, 19 and 20, 1997, before DesRoches, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment respecting costs on March 19, 1998.

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