SCOTT & ASSOCIATES ENGINEERING LTD v GHOST PINE WINDFARM LP

The Appellant, Scott, appealed a Decision by a Justice to dismiss its claims against the Respondents for breach of confidence and unjust enrichment only. In addition, Scott also appealed the lower Court’s award of Costs against it.

The Panel dismissed the Appeal on the merits in its entirety. However, the Panel did partially grant Scott’s Appeal with regards to Costs. The Panel noted that Rule 4.29 entitles a successful party to double Costs following a Formal Offer to Settle; however, it was apparent that the Trial Court inadvertently granted double Costs for steps taken prior to service of the Formal Offer in this case. Therefore, the Costs Appeal was granted insofar as was necessary correct this error.