What are the costs of a personal injury action brought by an individual against a corporation?
Nova Scotia, Canada
The following excerpt is from Binder v. Royal Bank of Canada, 2003 NSSC 265 (CanLII):
The plaintiff is an individual. The statement of claim claimed for injuries allegedly done to a corporation. I found that the claim was clearly unsustainable because of the rule in Foss v. Harbottle. The action was commenced eight years ago. The application to strike could have been brought at inception. In all of the circumstances, I am satisfied that costs should be restricted to the earliest point at which the application could have been brought.
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