King v. Raftus
Brandon King
Lawyer(s)

Eugene Y.S. Tan

Andrew Raftus
Law Firm / Organization
McKiggan Hebert Lawyers
Lawyer(s)

Brian J. Hebert

Cynthia Raftus
Law Firm / Organization
McKiggan Hebert Lawyers
Lawyer(s)

Brian J. Hebert

·  Case Background:

  • Brandon King's application for repayment based on unjust enrichment was dismissed in a previous decision (2023 NSSC 160), with costs to be paid to Andrew and Cynthia Raftus.
  • The Raftuses sought solicitor-client costs, claiming King’s conduct was inappropriate, including allegations of intimidation and unreasonable litigation behavior.

·  Legal Standards for Costs:

  • The court typically awards costs to cover a substantial part of a party's legal fees, usually between 50% and 100%.
  • Solicitor-client costs are only awarded in "rare and exceptional circumstances," typically to punish reprehensible conduct.

·  Court’s Decision:

  • The court did not find King's conduct sufficiently egregious to warrant solicitor-client costs.
  • However, King's actions did increase the complexity and cost of the proceedings, justifying an increase in the basic tariff costs.

·  Costs Awarded:

  • The court awarded costs based on the basic tariff (Scale 2), which was $16,750.
  • Additional amounts were awarded: $4,000 for the two-day hearing and $4,000 to account for King's conduct during litigation.
  • Harmonized Sales Tax (HST) and disbursements were included, bringing the total costs awarded to $35,406.33.

·  Conclusion:

  • The costs awarded aimed to ensure fairness between the parties, reflecting both the procedural costs and the added burdens caused by King's conduct.
Supreme Court of Nova Scotia
504034
Civil litigation
$ 35,406
Respondent