2003 NSSC 67, 2003 NSSC 67

IN THE SUPREME COURT OF NOVA SCOTIA Citation: 2475813 Nova Scotia Ltd. v. Lundrigan, 2003 NSSC067 Date: 20030326 Docket: S.H. No. 154235C Registry: Halifax Between: 2475813 Nova Scotia Limited Plaintiff v. Beverley Lundrigan Defendant Judge: The Honourable Justice Frank C. Edwards Heard: February 13, 2003, in Halifax, Nova Scotia Written Decision: February 28, 2003 Decision on Costs: March 26, 2003 Counsel: Blair H. Mitchell, for the Plaintiff Fergus Ford, for the Defendant By the Court: [ 1 ] The Plaintiff shall have its costs based on an “amount involved” of $50,000.

Under Scale 3, I fix costs at $4,875. [ 2 ] Further to Mr. Mitchell’s letter of May 24, 2003, I am prepared to order that the property be conveyed to the Plaintiff within 10 days of the date an Order is taken out. [ 3 ] I am not assessing damages as proposed by Mr. Mitchell. Though Mr. Brett’s evidence was not contradicted, it was obvious that he was guessing or at best, “ballparking” what he thought his damages might be. The evidence related to damages was not supported by any documentation.

It did not meet a standard whereby I could fix damages with a reasonable degree of certainty. [ 4 ] In conclusion, the final order should reflect the credits of $4,875 costs in the “Second Revised Statement of Adjustments” attached to Mr. Mitchell’s March 18, 2003 correspondence. [ 5 ] I would appreciate receiving the Order (consented to as to form only by Mr. Ford) by April 2, 3003.

J.