My costs unpaid quid pro quo for Satisfaction Piece?

[Pavesa]

My jurisdiction is: Nova Scotia Canada

Hi,

I live in Nova Scotia and I'm looking for a bit of advice on costs from enforcing a Small Claims Court judgement. My former landlord was ordered by the Small Claims Court to reimburse my security deposit after he failed to do so after I left the property. He ignored the judgment and eventually the Sheriff had to recover the funds. I followed the procedure recommended by the provincial legal system in these circumstances, and wound up spending several hundred dollars on debt personal property registration, Sheriff fees, liens on property, Judgment & Execution Order. Unfortunately, the Sheriff did not recover the costs I had incurred in registering the claim, in fact I don't know if my costs are claimable and can't seem to get a definite response from the Justice Centre (they might have to admit an error!), and I am now wondering about my alternatives. My former landlord is a malevolent individual and he will use any means not to make payment. The Justice Centre seems to be suggesting I refuse to provide a Satisfaction Piece until the costs are paid, but I do wonder whether I could ultimately be forced to do so given that the judgement amount which was on the execution order has been paid? Could my former landlord take me back to the Small Claims Court and require me to provide a satisfaction piece? Alternatively, would the Small Claims Court Adjudicator take a view on the reasonableness of my refusal to provide it and perhaps require my former landlord to pay my costs on the basis that they were reasonably and unavoidably incurred by me given his failure to pay up when the judgment was issued?

Thanks

Pavesa

 

[seniorjudge]

Did your judgment state that it was for $X, plus court costs?

 

[dee_dub]

I'm not familiar with Nova Scotia law, so take anything I say with a grain of salt.

As I read this http://www.courts.ns.ca/self_rep/small_claims_guide_for_creditors_06.pdf, you are responsible for almost all of the costs incurred in collecting on a small claims judgment.

As I read Rule 51.11, a prothonotary can issue a satisfaction order when provided with either your satisfaction piece or an order of the court releasing the order. Should you refuse to provide a satisfaction piece, I suspect your former landlord would not need to compel you to provide one, but could simply apply to the court for an order. Conceivably, you might be taxed with his costs in the event he has to do that.

 

[Pavesa]

Hi Ben,

in fact the Small Claims case was brought by the landlord appealing a decision in our favour by Residential Tenancies, so the Small Claim Court costs were paid by the landlord. We hadn't expended anything until we had to get the Sheriff involved.

The judgment just said that we should be paid the amount owed.

Pavesa

 

[seniorjudge]

...

The judgment just said that we should be paid the amount owed.

...

There's your answer!:angel

 

[Pavesa]

Hi

thanks Seniorjudge but the issue relates to costs of enforcement. The judgement ordered my landlord to pay the amount owed but as he didn't do so I had to incur costs to get the sheriff involved etc to recover the money. These costs were not incurred at the time of the judgment so couldn't have been awarded at that time as they hadn't been incurred.

I found this at this on the Nova Scotia Barristers Society website

Part 16 - Costs, Order, and Enforcement
Rule 77 - Costs
Educational Notes[show]
This Rule clarifies the awarding of costs but makes no major changes to the law. Costs remain at the discretion of the judge (R.77.02(2)). Costs generally follow the event (R.77.03(3)). Solicitor and client costs are awarded only in exceptional circumstances recognized by law (R.77.03(3)). The Tariffs still apply. Costs are still assessed by a judge or in the Small Claims Court.

77.01 - Scope of Rule 77
77.18 Reference to adjudicator
A question about costs may be referred to an adjudicator under the Small Claims Court Act, in accordance with Rule 11 - Reference.

which seems to suggest that one can refer back to the adjudicator to recover costs.
This is my first posting so I can't post links unfortunately.