Hubley v. Hubley Estate 2012 PECA 17
Practice - Costs - Party and party costs - Entitlement to - Successful party - Exceptions - Novel or important point
Philip Hubley was killed in a motor vehicle accident allegedly caused by his own fault. His wife Denise, a passenger in the motor vehicle, sued Philip’s estate for damages for heads which included loss of benefits to her from Philip’s employment earnings and Philip’s retirement pension benefits (economic loss), and loss of care, guidance and companionship. The Public Trustee, on behalf of the estate, applied to strike the above damage claims for failure to disclose a cause of action.
The Prince Edward Island Supreme Court, Trial Division, in a decision reported 307 Nfld. & P.E.I.R. 323; 954 A.P.R. 323, allowed the application. Denise appealed.
The Prince Edward Island Court of Appeal, in a decision reported (2011), 315 Nfld. & P.E.I.R. 79; 981 A.P.R. 79, dismissed the appeal. Costs were awarded to the estate on a partial indemnity basis. Thereafter, the wife asked the court to reconsider the costs issue, claiming that the motion to strike and the appeal raised novel issues of law and each party should bear their own costs. The court agreed to reconsider and asked for written submissions.
The Prince Edward Island Court of Appeal, in the decision reported below, held that the issues of law raised did not involve novel issues of law such as to justify an order that each party should bear their own costs. The court therefore dismissed the motion for reconsideration and awarded the estate costs of the motion on a partial indemnity basis.