Wall v. 679927 Ontario Ltd. et al., 2008 NSSC 4

• Judge: MacAdam, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 18, 2007
• Jurisdiction: Nova Scotia
• Citations: 2008 NSSC 4;(2008), 262 N.S.R.(2d) 70 (SC)

Wall v. 679927 Ont. (2008), 262 N.S.R.(2d) 70 (SC);

    839 A.P.R. 70

MLB headnote and full text

Temp. Cite: [2008] N.S.R.(2d) TBEd. JA.006

David H. Wall (plaintiff) v. Horn Abbot Ltd., 679927 Ontario Limited (formerly Horn Abbot Productions Limited), Christopher Haney, Charles Scott Abbott, John Haney and Edward Martin Werner (defendants)

(SN 101331; 2008 NSSC 4)

Indexed As: Wall v. 679927 Ontario Ltd. et al.

Nova Scotia Supreme Court

MacAdam, J.

January 8, 2008.

Summary:

The plaintiff alleged that in late November or early December 1979, he was picked up hitchhiking by the defendant, Christopher Haney, and that during that encounter he told Haney about his idea for a board game based on trivia. The plaintiff claimed that Haney stole his idea for the game and that Haney and the other defendants produced and marketed the game "Trivial Pursuit" for themselves. In 1994, the plaintiff issued a statement of claim, alleging breach of contract, conversion, breach of fiduciary duty, breach of confidence, copyright infringement, fraud, theft and deceit. Following a nonsuit motion, the action was dismissed against all defendants except Christopher Haney and Horn Abbot Ltd.

The Nova Scotia Supreme Court, in a decision reported 256 N.S.R.(2d) 34; 818 A.P.R. 34, dismissed the plaintiff's action. Both the plaintiff and the defendants sought costs.

The Nova Scotia Supreme Court awarded the defendants costs of $1,250,000, inclusive of all interest, disbursements, and all non previously quantified cost awards. However, that costs award was reduced by 20 percent to reflect the court's disapproval of the defendants' initiation of legal proceedings against two potential witnesses, claiming an alleged conspiracy by them with the plaintiff.

Practice - Topic 7037

Costs - Party and party costs - Entitlement to party and party costs - Factors or circumstances reducing entitlement - The plaintiff alleged that in late November or early December 1979, he was picked up hitchhiking by the defendant, Haney, and that during that encounter he told Haney about his idea for a board game based on trivia - The plaintiff claimed that Haney stole his idea for the game and that Haney and the other defendants produced and marketed the game "Trivial Pursuit" for themselves - In 1994, the plaintiff issued a statement of claim, alleging breach of contract, conversion, breach of fiduciary duty, breach of confidence, copyright infringement, fraud, theft and deceit - The action was dismissed - Both the plaintiff and the defendants sought costs - The Nova Scotia Supreme Court awarded the defendants costs of $1,250,000, inclusive of all interest, disbursements, and all non previously quantified cost awards - However, that costs award was reduced by 20 percent to reflect the court's disapproval of the defendants' initiation of legal proceedings against two potential witnesses, claiming an alleged conspiracy by them with the plaintiff - The fact that those witnesses were not so intimidated as not to testify was no reason to preclude the court from expressing its disapproval - See paragraph 38.

Practice - Topic 7103

Costs - Party and party costs - Special orders - Conduct by party - [See Practice - Topic 7037 ].

Cases Noticed:

Landymore et al. v. Hardy et al. (1992), 112 N.S.R.(2d) 410; 307 A.P.R. 410; 1992 CarswellNS 90 (T.D.), refd to. [para. 7].

Williamson v. Williams et al. (1998), 223 N.S.R.(2d) 78; 705 A.P.R. 78; 1998 CarswellNS 465 (C.A.), refd to. [para. 8].

Turner-Lienaux v. Nova Scotia (Attorney General) et al. (1992), 115 N.S.R.(2d) 200; 314 A.P.R. 200; 1992 CarswellNS 692 (T.D.), refd to. [para. 9].

Smith's Field Manor Development Ltd. v. Campbell - see Campbell v. Lienaux et al.

Campbell v. Lienaux et al. (2001), 195 N.S.R.(2d) 220; 609 A.P.R. 220; 2001 NSSC 44, refd to. [para. 13].

Merzbach v. McSween et al. (1997), 164 N.S.R.(2d) 113; 491 A.P.R. 113; 1997 CarswellNS 113 (C.A.), refd to. [para. 16].

Microsoft Corp. v. 9038-3746 Quebec Inc. et al. (2007), 314 F.T.R. 217; 2007 FC 659, refd to. [para. 20].

Dartmouth (City) v. Acres Consulting Ltd. et al. (1995), 141 N.S.R.(2d) 163; 403 A.P.R. 163; 1995 CarswellNS 433 (S.C.), refd to. [para. 26].

Horn Abbott Ltd. et al. v. Reeves (1999), 182 N.S.R.(2d) 278; 563 A.P.R. 278; 1999 CarswellNS 452 (S.C.), revd. 2000 NSCA 88, refd to. [para. 34].

Authors and Works Noticed:

Orkin, Mark M., The Law of Costs (2nd Ed.) (2007 Looseleaf Update), vol. 1, pp. 1-1 [para. 6]; 2-9, 2-45, 2-46, 2-46.1, 2-48 [para. 12].

Counsel:

Kevin A. MacDonald, for the plaintiff;

John C. Cotter, for the corporate defendants;

William L. Ryan, Q.C., and Christa M. Hellstrom, for the individual defendants.

This matter was heard in Halifax, Nova Scotia, on December 18, 2007, before MacAdam, J., of the Nova Scotia Supreme Court, who delivered the following decision on January 8, 2008.