· 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.