In what circumstances will a court order solicitor/client costs where a lawsuit against two parties and an application to wind up a company are dropped before trial?

Nova Scotia, Canada


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

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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