View cases - Stewart McKelvey

Page: 26(b)the importance of the matter to the parties,(c)the amount of effort involved in preparing for and conducting theapplication.[67] In my view, the factors referred to in Tariff C (4)(b) and (c) (the importance ofthe matter to the parties and the amount of effort involved in preparing for andconducting the application) are relevant in the circumstances of this case and warrantan increase in the basic Tariff.2010 NSSC 252 (CanLII)[68] On the other hand, I must consider the fact that while this is not the first timethat a Nova Scotia court has dealt with the issue of whether prerogative writs will lieagainst a non-statutory tribunal – it does appear to be the first time in this provincethat this issue has been dealt with in the context of the Nova Scotia CommercialArbitration Act.[69] Taking all matters into consideration, I have determined that the Respondentwill be awarded costs of $4,000.00 plus her reasonable disbursements as taxed oragreed. These costs shall be payable forthwith.[70] An Order shall issue accordingly.Deborah K. SmithAssociate Chief Justice