Supreme Court

Decision Information

Niego v Baker Lake (Hamlet) v Royal Insurance Company of Canada

Court Supreme Court
Date 1987-02-16
File numbers SC 6107
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
CAMPBELL & CO. V. POLLACK (1927) A.C. 732;
SMITH V. BUTLER (1875) L.R. 19;
MACFIE V. CATER (1920) 57 D.L.R. 736;
VANDERCLAY DEV. CO. V. INDUCOR ENGR.; VANDERCLAY DEV. CO. V. YORKLAND DEV. LTD. (1969) O.R. 41.

Statutes considered:
JUDICATURE ACT
Decision information:

Abstract: Application for direction by the successful Plaintiff as to costs awarded in judgment - Damages awarded at trial in negligence for the accidental death of the Plaintiff's husband - Plaintiff asked for costs at quadruple column four on the basis of unreasonable and vexatious conduct on the part of the Defendants, the length and complexity of the litigation and the factor of inflation.
Decision: Application for costs as requested denied - Plaintiff awarded party and party costs plus 60% to account for inflation since the enactment of the Rules - No evidence that the Defendants acted in an unreasonable or vexatious manner - Length and complexity of the litigation merely a fact of both the nature of the case and the reality of administering justice in the North.
Subjects: Costs
Negligence
Keywords: Damages
Costs - party and party

Decision Content

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