SUPREME COURT OF NOVA SCOTIA
Citation: Rhyno Demolition Inc. v. Nova Scotia (Attorney General), 2005 NSSC 147
Date: 20050603
Docket: S.H. 179668
Registry: Halifax
Between:
Rhyno Demolition Incorporated, a body corporate
Plaintiff
vs.
The Attorney General of Nova Scotia representing Her
Majesty The Queen in Right of the Province of Nova Scotia
and The Department of Transportation and Public Works for
the Province of Nova Scotia and Dineen Construction
(Atlantic) Inc., a body corporate
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Walter R.E. Goodfellow
Heard: May 25, 2004 in Halifax, Nova Scotia
Subject: Costs
Summary: Trial lasting eight days determined that Rhyno, the successful bidder on Phase A of the demolition of the Province’s J.W. Johnston Building in Halifax. and Phase B was the second lowest bid by $90,800 and failed to establish lowest tender was non-compliant.
Court unable to say that if Snyder’s bid was non-compliant that Rhyno’s tender would have been accepted and relationship between Dineen, Province of Nova Scotia with Rhyno established no cause of action by Rhyno against the Province of Nova Scotia.
Claim for Loss of Profit advanced in the range of $332,000 to $349,000
The Court determined, if Rhyno had been successful, loss fixed at $185,000 Counsel heard on costs.
Counsel unable to agree on costs. Dineen seeks costs, disbursements and H.S.T.
RE: Rhyno Demolition v. AGNS, 2005 NSSC 147
Summary:
of $54,786.95.85. Rhyno seeks the denial of costs to Dineen due to pre-trial conduct and contests several items of disbursements and in particular that the expert witness fee is excessive.
Issue: Determination of Costs
Result: Dineen’s entitlement at Scale 3 of $9,925 reduced 20% by pre-action conduct which resulted in unnecessary legal services by Rhyno. Taxed at $7,940. Disbursements reduced to $37,347.97.
The Province’s costs taxed at Scale 2 at $7,600 and only disbursement advanced:
Discoveries - $1,687.08.
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QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.