Case information
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41587
Donn Fraser and DLF Law Practice Incorporated v. Bruce Tait MacIntosh
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-05-16 | Close file on Leave | |
| 2025-05-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-15 | Judgment on leave sent to the parties | |
| 2025-05-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 532155, 2024 NSCA 85, dated October 8, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2025-04-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-30 |
Applicant's reply to respondent's argument, (Book Form), Missing: - proof of service (Rec's 04-04-2025), Completed on: 2025-04-04, (Printed version filed on 2025-02-03) |
Donn Fraser and DLF Law Practice Incorporated |
| 2025-01-27 | Certificate (on limitations to public access), 23A | Bruce Tait MacIntosh |
| 2025-01-20 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A (Rec'd 01-27-2025), Completed on: 2025-01-30, (Printed version filed on 2025-01-21) |
Bruce Tait MacIntosh |
| 2024-12-12 | Correspondence received from, Concerning applicants Memorandum, (Printed version filed on 2024-12-16) | Donn Fraser and DLF Law Practice Incorporated |
| 2024-12-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-12-09 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-12-16) | Donn Fraser and DLF Law Practice Incorporated |
| 2024-12-09 | Notice of name, (Printed version filed on 2024-12-16) | Donn Fraser and DLF Law Practice Incorporated |
| 2024-12-09 | Application for leave to appeal, (Book Form), Completed on: 2024-12-09, (Printed version filed on 2024-12-16) | Donn Fraser and DLF Law Practice Incorporated |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Donn Fraser and DLF Law Practice Incorporated | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MacIntosh, Bruce Tait | Respondent | Active |
Counsel
Party: Donn Fraser and DLF Law Practice Incorporated
This party is not represented by counsel.
Party: MacIntosh, Bruce Tait
This party is not represented by counsel.
Summary
Keywords
Civil procedure — Costs — Whether motions judge erred in awarding lump sum costs
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The parties were previously law partners. Their professional relationship deteriorated and the applicant eventually commenced an action against the respondent. Within this action, the parties brought various motions which were heard simultaneously. These motions mostly resolved in favour of the respondent, who sought an enhanced costs award.
The motion judge declined to order solicitor and client costs, but held that the applicant’s incivility before the court and unreasonable conduct was the basis for an award exceeding the tariff. She imposed a lump-sum costs award.
The Court of Appeal granted leave to appeal the costs award, but found no error in the trial judge’s reasoning, and no basis for an apprehension of bias. The appeal was dismissed with costs.
Lower court rulings
Lump sum costs in relation to three motions awarded against applicant.
Leave to appeal costs award granted; appeal dismissed with costs.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available