MacNutt v. Acadia Universityl, 2016 NSSC 208

SUPREME COURT OF Nova Scotia Citation: MacNutt v. Acadia Universityl , 2016 NSSC 208 Date: 2016-08-09 Docket: SK No. 444024 Registry: Kentville Between: Laura MacNutt/PIER101 Home Designs Inc. Applicant v. Acadia University, T.A. Scott Architecture + Design Limited (3278638) and Troy A. Scott Respondents Costs Decision Judge: The Honourable Justice James L. Chipman Final Written Submissions: August 4, 2016 Counsel: Laura MacNutt, on her own behalf/PIER101 Home Designs Inc. Jonathan G. Cuming, for Acadia University Nadia M. MacPhee, for T.A. Scott Architecture + Design Limited (3278638) and Troy A.

Scott By the Court: [ 1 ] In a decision released June 21, 2016 ( MacNutt v. Acadia University et al , 2016 NSSC 160 ), I dismissed the Applicant’s claims against the Respondents. In the final paragraph of the decision, I stated: If the parties cannot agree on costs within 30 days of the release of this decision, I will receive written submissions. [ 2 ] Thereafter, by way of correspondence from the Prothonotary, I extended the date for costs submissions. On August 4, 2016, the Court received submissions from the parties, inclusive of Affidavits sworn by Mr. Cumming and Ms.

MacPhee. [ 3 ] As the successful parties, the Respondents are entitled to reasonable costs and disbursements. Civil Procedure Rule 77.03(3) provides that costs of a proceeding follow the result.

Rule 77.06(2) provides: Party and party costs of an application in court must, unless the judge who hears the application orders otherwise, be assessed by the judge in accordance with Tariff A as if the hearing were a trial. [ 4 ] Rule 77.10 states that, “an award of party and party costs includes necessary and reasonable disbursements pertaining to the subject of the award.” [ 5 ] Having reviewed the affidavits and exhibits, I am of the view the sought-after disbursements are appropriate. In the result, I award $939.87 disbursements to Acadia University and $8,088.60 disbursements to T.A.

Scott Architecture + Design Limited (3278638)/Troy A. Scott. [ 6 ] I have carefully considered the costs submissions set forth by the parties. With respect to the arguments advanced by Ms. MacNutt, I find Mr. Cumming’s response on the second last and last page of his brief to be persuasive. That is to say, I do not find Ms. MacNutt has advanced any arguments which would cause me to not award costs against her. [ 7 ] In her brief, Ms. MacPhee argues for $16,250.00 plus HST costs for the Scott Respondents. As for Acadia, Mr.

Cumming seeks increased costs (mainly on the basis of a January 26, 2016 offer) of $29,250.00. Both Mr. Cumming and Ms. MacPhee note the difficulties in arriving at a precise “amount involved” in this case. In this regard, the Applicant claimed imprecise amounts inclusive of punitive damages. At the end of the day, albeit for differing rationales, the Respondents are on the “same page” in recommending to the

Court an amount involved from the range of $90,001 - $125,000 from Scale 2 (Basic) of Tariff A; i.e., $12,250. To this amount, they correctly note that the Rule provides an additional $2,000 per day of trial should be added (i.e., $4,000) for a total of $16,250. [ 8 ] When I consider the totality of the submissions in the context of the two-day application, I find the amount of $16,250 to be appropriate costs for each of Acadia and the Scott Respondents.

The remaining question is what, if any, amount should be added to Acadia’s costs award, on account of their Formal Offer. [ 9 ] Rule 10.09 deals with determining costs if a Formal Offer is not accepted. I note the accelerated costs are entirely discretionable and in all of the circumstances I have chosen to decline Acadia’s request to in effect double their costs award. By exercising my discretion in this way, I am mindful of, among other things, Ms. MacNutt’s status as a self-represented party.

I doubt she was aware of the significant costs consequences associated with her failure to respond to Acadia’s Formal Offer. Further, it is noteworthy that she advanced a Formal Offer to Acadia on March 11, 2014 and then did not receive Acadia’s Formal Offer until almost two years later. [ 10 ] In closing, I also decline the Scott Respondents’ request to add HST to the costs awards. In the result, I confirm my final costs and disbursements awards as follows: To Acadia University – Disbursements $939.87; Costs $16,250 To T.A. Scott Architecture + Design Limited (3278638) and Troy A.

Scott – Disbursements $8,088.60; Costs $16,250 Chipman, J.