Supreme Court of Canada
McInnis et al. v. Webb Real Estate Ltd. et al., [1978] 2 S.C.R. 1382
Date: 1978-03-07
Alexander D. McInnis, William F. Meehan and T. Daniel Tramble, a partnership under the name of McInnis, Meehan & Tramble Appellants;
and
Webb Real Estate Limited and Antigonish Home Furnishings Limited Respondents.
1977: December 13, 14; 1978: March 7.
Present: Laskin C.J. and Martland, Spence, Pigeon, Dickson, Beetz and Estey JJ.
ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA, APPEAL DIVISION
Costs—Appeal dismissed on the merits—Reservation of costs—Costs to follow the event.
APPEAL from a judgment of the Supreme Court of Nova Scotia, Appeal Division, varying a judgment of Hart J. at trial. Appeal dismissed.
Harold F. Jackson, Q.C., and John M. Davison, Q.C., for the appellants.
M. Ryan, for the respondents.
The judgment of the Court was delivered by
THE CHIEF JUSTICE—At the conclusion of the argument in this appeal this Court announced that the appeal failed on the merits but that costs would be reserved in the light of the submission of the appellants’ counsel that (1) it was necessary to bring this appeal to protect the appellants’ position vis-à-vis the respondents by reason of the appeal to this Court brought by the third parties against the appellants where an issue relevant to both appeals was raised; and (2) the respondents had cross-appealed and had withdrawn the cross-appeal on December 1, 1977, less than two weeks before the hearing in this Court, when their counsel was advised that the appellants were abandoning an issue as to interest in connection with the judgment in favour of the respondents.
I do not think that either of these matters or both in combination, establish a foundation for departing from the practice of having the costs
[Page 1383]
follow the event and I would, accordingly, dismiss the appeal with costs.
Appeal dismissed with costs.
Solicitor for the appellants: Harold F. Jackson, Halifax.
Solicitor for the respondents: Ronald J. Downie, Halifax.
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