Supreme Court of Canada

Court File No. 24782

Date: 1997-04-17

L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

Counsel:

Douglas A. Caldwell, Q.C., and Lloyd I. Berliner, for appellants (applicants).

Alexander M. Cameron and Margaret MacInnis, for respondent.

The judgment of the court was delivered by

[1] Sopinka J.: — The appellants (applicants) have brought a motion seeking a declaration that the "appropiate scale of costs" referred to in the reasons of the court should be solicitor-and-client costs. There can be no doubt that this action arose as a result of the expropriation of an interest in land. In accordance with the provisions of sections 35 and 52 of the Nova Scotia Expropriation Act, R.S.N.S. 1989, c. 156 (prior to recent amendments), the appellants (applicants) are entitled to be paid their solicitor-and-client costs throughout these proceedings.

[2] The order will therefore go that the appellants (applicants) are entitled to their costs on a solicitor-and-client scale throughout these proceedings including their costs of this application.

[3] Order accordingly.