In what circumstances will a judge order costs for work "thrown away" as a result of an adjournment granted on the first day of a trial?

Nova Scotia, Canada


The following excerpt is from Sipekne’katik v Nova Scotia (Environment), 2017 NSSC 254 (CanLII):

In McQuaid v. LaPierre, 1993 N.S.R. (2d) 327, Grant, J. awarded costs for work “thrown away” as the result of an adjournment granted on day one of a three-day trial because the plaintiffs dismissed their lawyer on the Friday before the trial was to begin on Monday. Grant, J. concluded a lump sum costs award should be made. He did not refer to those costs as a complete indemnity, but did order the costs to be paid forthwith and the proceeding stayed until payment was made.

In Hardman v. Alexander, 2003 NSSC 151, submissions were made with respect to a costs award where a lawsuit against two parties and an application to wind up a company were dropped on the first day of trial. In that case, the court said in para. 138: If there were a means by which it could be concluded that a certain percentage of the pre-trial preparation done by counsel for the parties could be attributed to those actions, it might well be appropriate to order solicitor/client costs relating to that portion of work done and costs thrown away. I do not, however, feel it is appropriate to make a guesstimate about the time and expense involved.

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