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Enhanced costs not warranted after failed settlement negotiations.

March 2013 Cox & Palmer, Nova Scotia

– Roscoe v Halifax (Regional Municipality), 2013 NSSC 5

At trial, the plaintiff, Roscoe, a retired Nova Scotia Court of Appeal judge, was awarded $30,280.48 at trial against the defendant, Halifax Regional Municipality (“HRM”) for injuries she suffered after slipping on duct tape affixed to the floor of a gym operated by HRM during a badminton game. Although the parties were able to agree to costs, Roscoe submitted that HRM had approached settlement negotiations in an improper manner and, therefore, she was entitled to an additional $10,000.00 as “enhanced” costs. HRM opposed the costs motion.

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