Background: The court previously granted summary judgment in favor of Allstate, dismissing Shawn Hart's action due to late filing (Hart v. Allstate Insurance Company of Canada, 2023 NSSC 273). This decision awarded costs to Allstate.
Dispute on Costs: The parties could not agree on the amount of costs, leading to this decision on costs.
Parties' Positions:
Plaintiff (Hart):
Proposed costs: $2,000 based on Tariff C, plus reasonable disbursements if proven by Allstate.
Defendant (Allstate):
Sought costs: $7,500 for the summary judgment motion.
Additional costs: $4,688 for the dismissal of the underlying action.
Total costs and disbursements requested: $12,431.40.
Court’s Analysis:
General Rule: Costs generally follow the event, but discretion is applied.
Tariff C Costs: Basic award under Tariff C would amount to $2,500 for one day and one hour of hearing.
Complexity and Effort: The court acknowledged the complexity and significant effort by Allstate due to additional bad faith allegations and the adjournment required for additional submissions.
Multiplier Applied: A multiplier of 3 was applied to the Tariff C amount due to these complexities, resulting in $7,500.
Additional Considerations: Adding $1,000 to the Tariff C amount for justice between the parties.
