Umlah (K.N.) Insurance Agency Ltd. v. Christie,

• Jurisdiction: Nova Scotia
• Judge: Richardson
• Neutral Citation: 2009 NSSM 15
• Citation: (2009), 278 N.S.R.(2d) 285 (SmCl),2009 NSSM 15,278 NSR(2d) 285,(2009), 278 NSR(2d) 285 (SmCl),278 N.S.R.(2d) 285
• Date: 04 December 2008
• Court: Small Claims Court of Nova Scotia (Canada)

Umlah Ins. v. Christie (2009), 278 N.S.R.(2d) 285 (SmCl);

    886 A.P.R. 285

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. MY.048

K.N. Umlah Insurance Agency Ltd. (claimant) v. M.J. Christie (defendant)

(SCCH 301914; 2009 NSSM 15)

Indexed As: Umlah (K.N.) Insurance Agency Ltd. v. Christie

Nova Scotia Small Claims Court

Richardson, Adjudicator

May 26, 2009.

Summary:

The question that arose in this case was, when a claim was transferred from the Nova Scotia Supreme Court to the Small Claims Court, whether the successful party was entitled to claim any part of the costs he or she incurred in the Supreme Court prior to the matter's transfer.

An Adjudicator of the Nova Scotia Small Claims Court opined that a successful party could recover disbursements incurred prior to the transfer, but not costs referable to the cost of retaining a lawyer (party and party costs). The court dealt with the individual claims for disbursements accordingly.

Courts - Topic 6204.5

Provincial courts - Nova Scotia - Small Claims Court - Jurisdiction - Costs - The question that arose in this case was, when a claim was transferred from the Nova Scotia Supreme Court to the Small Claims Court, whether the successful party was entitled to claim any part of the costs he or she incurred in the Supreme Court prior to the matter's transfer - An Adjudicator of the Nova Scotia Small Claims Court noted that s. 15(1)(e) of the Small Claims Court Forms and Procedures Regulations allowed an adjudicator to award to a successful party costs incurred prior to a transfer to the Small Claims Court - The adjudicator interpreted the word "costs" in s. 15(1)(e) to mean only out-of-pocket costs (i.e., disbursements) and not all costs incurred prior to the transfer - That is, it did not include costs referable to the cost of retaining a lawyer (party and party costs) - See paragraphs 13 to 27.

Practice - Topic 9769

Small claims - Costs (incl. where matter transferred from Supreme Court) - [See Courts - Topic 6204.5 ].

Words and Phrases

Costs - An Adjudicator of the Nova Scotia Small Claims Court discussed the meaning of the word "costs" as it appeared in s. 15(1)(e) of the Small Claims Court Forms and Procedures Regulations, N.S. Reg. 17/93 - See paragraphs 21 to 27.

Cases Noticed:

Carruth v. Singleton Murphy (1998), 169 N.S.R.(2d) 170; 508 A.P.R. 170 (S.C.), refd to. [para. 13].

Little (H.E.) Excavating Ltd. v. Blair's Custom Metals, [2006] N.S.R.(2d) Uned. 98; 2006 NSSC 251, refd to. [para. 13].

Brown (Charles), Re (1928), 60 N.S.R. 76 (C.A.), refd to. [para. 13].

Halifax (Regional Municipality) v. Human Rights Commission (N.S.) et al. (2005), 232 N.S.R.(2d) 161; 737 A.P.R. 161; 2005 NSCA 70, refd to. [para. 13].

Johnson v. Halifax (Regional Municipality) - see Halifax (Regional Municipality) v. Human Rights Commission (N.S.) et al.

Burgess v. Rickard, 2008 NSSM 15, refd to. [para. 25].

Boyne Clarke v. Gosbee, 2002 NSSM 4, refd to. [para. 33].

Statutes Noticed:

Small Claims Court Act Regulations (N.S.), Small Claims Court Forms and Procedures Regulations, Reg. 17/93, sect. 15(1)(e) [para. 21].

Small Claims Court Forms and Procedures Regulations - see Small Claims Court Act Regulations (N.S.).

Counsel:

Stephanie Atkinson, for the claimant;

Andrew D. Taillon, for the defendant.

This matter was heard in Halifax, Nova Scotia, on December 4, 2008 and January 8, 2009, with written submissions on costs received May 4 and 14, 2009, before Richardson, Adjudicator, of the Nova Scotia Small Claims Court, who rendered the following decision on May 26, 2009.