Annapolis County (Municipality) v. Annapolis Royal (Town), 2016 NSCA 23

Nova Scotia Court of Appeal Citation: Annapolis County (Municipality) v. Annapolis Royal (Town) , 2016 NSCA 23 Date: 20160330 Docket: CA 443078 Registry: Halifax Between: Municipality of the County of Annapolis a body corporate pursuant to the Municipal Government Act , RSNS 1998, c18 Appellant v. Town of Annapolis Royal a body corporate pursuant to the Municipal Government Act , RSNS 1998, c 18 Respondent Judges: MacDonald, C.J.N.S., Saunders and Scanlan JJ.A. Appeal Heard: March 29, 2016, in Halifax, Nova Scotia Held: Appeal dismissed with costs, per reasons by the Court Counsel: W.

Bruce Gillis, Q.C., for the Appellant Jonathan Cuming, for the Respondent Reasons for judgment: By the Court [ 1 ] The Appellant Municipality asked the Supreme Court of Nova Scotia to interpret a water supply agreement between the parties. It then withdrew the proceeding by filing a Notice of Discontinuance. [ 2 ] In response, the Respondent Town sought costs pursuant to Civil Procedure Rule 9.06. This provision presumes that costs are payable unless the Court orders otherwise. [ 3 ] Justice Pierre L.

Muise heard the matter and ordered the Appellant to pay costs totalling $5,204.89. [ 4 ] The Appellant now challenges that award before this Court. [ 5 ] We are of the unanimous view that this award is the product of a careful analysis where the judge exercised his discretion by applying all the appropriate legal principles. [ 6 ] Accordingly, the appeal is dismissed with all-inclusive costs on appeal of $3,000.00. MacDonald, C.J.N.S. Saunders, J.A. Scanlan, J.A.