Singer v. Sommex Maritime Ltd., (1997) 161 N.S.R.(2d) 161 (SC)

• Judge: MacLellan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 02, 1997
• Jurisdiction: Nova Scotia
• Citations: (1997), 161 N.S.R.(2d) 161 (SC)

Singer v. Sommex Maritime Ltd. (1997), 161 N.S.R.(2d) 161 (SC);

    477 A.P.R. 161

MLB headnote and full text

Temp. Cite: [1997] N.S.R.(2d) TBEd. JN.002

David Singer (plaintiff) v. Sommex Maritime Limited, a body corporate (defendant)

(SP0 3724)

Indexed As: Singer v. Sommex Maritime Ltd.

Nova Scotia Supreme Court

MacLellan, J.

May 2, 1997.

Summary:

Empire Headboard Co. provided various goods to Sommex Maritime throughout the years. In 1993, Empire forwarded 176 beds to Sommex for $7,922.28. The amount was never paid. Empire assigned the account to Singer. Singer sued Sommex for the out­standing amount. Sommex sought to set off the debt against other poor and unmerchantable quality goods Sommex alleged it received from Empire over the years. Singer sought summary judgment.

The Nova Scotia Supreme Court, in a decision reported 148 N.S.R.(2d) 118; 429 A.P.R. 118, granted Singer summary judg­ment; however, ordered that it be stayed until it was determined whether Sommex was entitled to equitable set-off on the one shipment on which Sing­er's claim was based.

The Nova Scotia Supreme Court in the decision reported below dealt with costs.

Practice - Topic 7031

Costs - Party and party costs - Entitle­ment to party and party costs - Where set-off pleaded - Singer obtained sum­mary judgment from Sommex Maritime, however, the court ordered that it be stayed until it was deter­mined whether Sommex was entitled to equitable set-off from Singer - The court awarded Singer costs - The parties disputed the amount - Sommex alleged costs should be based on Singer's claim, less the alleged set-off amount of $4,700 - The Nova Scotia Supreme Court disagreed - Costs were awarded on the original claim of $7,922.28, with double costs for an offer to settle per rule 41A.09(1) from May 2, 1996 - See paragraphs 1 to 7.

Practice - Topic 7121

Costs - Party and party costs - Special orders - Set-off - [See Practice - Topic 7031 ].

Practice - Topic 7243

Costs - Party and party costs - Offers to settle - Effect of failure to accept - [See Practice - Topic 7031 ].

Practice - Topic 7248

Costs - Party and party costs - Offers to settle - Costs to successful plaintiff - [See Practice - Topic 7031 ].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 41A.09(1) [para. 10]; rule 41A.11 [para. 11].

Rules of Court (N.S.) - see Civil Pro­cedure Rules (N.S.).

Counsel:

Michelle Awad, for the plaintiff;

R.A. Balmanoukian, for the defendant.

This case was heard before MacLellan, J., of the Nova Scotia Supreme Court, who delivered the following oral decision on May 2, 1997.