Forgeron v. Garner
Denise Forgeron
Law Firm / Organization
Stewart McKelvey
Derrick Forgeron
Law Firm / Organization
Stewart McKelvey
Christopher Tayler Garner
Mausi Reinbold

Decision: Costs determination following judgment on property disputes.

Background

  • Disputes over a deeded right-of-way (ROW) between neighbors.
  • Claims included trespass, tree cutting, fence construction, property alterations, and nuisance.
  • Previous decision awarded damages and injunctive relief, including the removal of a fence and boulders.

Key Findings for Costs

  • Garner/Reinbold were more successful, but both parties had some victories and punitive damages were awarded against both.
  • Damages Awarded:
    • Forgerons: $5,850 ($2,800 special, $2,000 general, $1,000 punitive).
    • Garner/Reinbold: $7,500 ($5,000 punitive, $2,500 nuisance).
  • Legal Fees & Disbursements:
    • Garner/Reinbold sought $166,842.85 (75% of their adjusted legal costs).
    • Forgerons argued for a tariff-based award of $12,000–$14,250.
    • Court found $220,000 in legal fees excessive.
  • Final Costs Awarded:
    • $40,000 to Garner/Reinbold, plus $6,000 in disbursements, minus $500 deduction for an unsuccessful motion.
    • Total: $45,500 payable by Forgerons within 30 days.
Supreme Court of Nova Scotia
Hfx No. 509131
Civil litigation
$ 45,500
Respondent