Civil Procedure Rules of Nova Scotia  
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Part 16 - Costs, Order, and Enforcement

Rule 77 - Costs

TARIFFS OF COSTS AND FEES DETERMINED BY THE COSTS AND FEES COMMITTEE
TO BE USED IN DETERMINING PARTY AND PARTY COSTS
 
In these Tariffs unless otherwise prescribed, the "amount involved” shall be
(a) where the main issue is a monetary claim which is allowed in whole or in part, an amount determined having regard to
 
(i)
the amount allowed,
 
(ii)
the complexity of the proceeding, and
 
(iii)
the importance of the issues;
(b) where the main issue is a monetary claim which is dismissed, an amount determined having regard to
 
(i)
the amount of damages provisionally assessed by the court, if any,
 
(ii)
the amount claimed, if any,
 
(iii)
the complexity of the proceeding, and
 
(iv)
the importance of the issues;
(c) where there is a substantial non-monetary issue involved and whether or not the proceeding is contested, an amount determined having regard to
 
(i)
the complexity of the proceeding, and
 
(ii)
the importance of the issues;
(d) an amount agreed upon by the parties.
       
       
TARIFF A
Tariff of Fees for Solicitor's Services Allowable to a Party
Entitled to Costs on a Decision or Order in a Proceeding
 
In applying this Schedule the ?length of trial” is to be fixed by a Trial Judge.
The length of trial is an additional factor to be included in calculating costs under this Tariff and therefore two thousand dollars ($2000) shall be added to the amount calculated under this tariff for each day of trial as determined by the trial judge
 
Amount Involved Scale 1(-25%) Scale 2 (Basic) Scale 3 (+25%)
Less than $25,000 $3,000 $4,000 $5,000
$25,000-$40,000 $4,688 $6,250 $7,813
$40,001-$65,000 $5,138 $7,250 $9,063
$65,001-$90,000 $7,313 $9,750 $12,188
$90,001-$125,000 $9,188 $12,250 $15,313
$125,001-$200,000 $12,563 $16,750 $20,938
$200,001-$300,000 $17,063 $22,750 $28,438
$300,001-$500,000 $26,063 $34,750 $43,438
$500,001-$750,000 $37,313 $49,750 $63,188
$750,001-$1,000,000 $48,563 $64,750 $80,938
more than $1,000,000 The Basic Scale is derived by multiplying the "amount involved" by 6.5%.
 
 
TARIFF B
Tariff of Party and Party costs allowed on an Appeal
to the Nova Scotia Court of Appeal
 
On an appeal, the costs allowed shall be 40% of the costs awarded at trial excluding the "length of trial” component unless a different amount is set by the Nova Scotia Court of Appeal.
 
 
TARIFF C
Tariff of Costs payable following an Application heard
in Chambers by the Supreme Court of Nova Scotia
 
For applications heard in Chambers the following guidelines shall apply:
(1)
Based on this Tariff C costs shall be assessed by the Judge presiding in Chambers at the time an order is made following an application heard in Chambers.
(2)
Unless otherwise ordered, the costs assessed following an application shall be in the cause and either added to or subtracted from the costs calculated under Tariff A.
(3)
In the exercise of discretion to award costs following an application, a Judge presiding in Chambers, notwithstanding this Tariff C, may award costs that are just and appropriate in the circumstances of the application.
(4)
When an order following an application in Chambers is determinative of the entire matter at issue in the proceeding, the Judge presiding in Chambers may multiply the maximum amounts in the range of costs set out in this Tariff C by 2, 3 or 4 times, depending on the following factors:
 
(a)
the complexity of the matter,
 
(b)
the importance of the matter to the parties,
 
(c)
the amount of effort involved in preparing for and conducting the application.
(such applications might include, but are not limited to, successful applications for Summary Judgment, judicial review of an inferior tribunal, statutory appeals and applications for some of the prerogative writs such as certiorari or a permanent injunction.)
 
Length of Hearing of Application Range of Costs
Less than 1 hour $250 - $500
More than 1 hour but less than ½ day $750 - $1,000
More than ½ day but less than 1 day $1000 - $2000
1 day or more $2000 per full day
 
 
TARIFF D
Tariff of Fees for Solicitor's Services Allowable to a
Party Entitled to Costs on the Signing of Default Judgment
 
Amount Involved Costs
Where the "amount involved”  
Is less than $15,000 $200.00
exceeds $15,000 but not $25,000 $300.00
exceeds $25,000 but not $50,000 $375.00
exceeds $50,000 but not $75,000 $450.00
exceeds $75,000 but not $100,000 $600.00
exceeds $100,000 $600.00 plus $1.00 for each increase of $1,000.00 in amount involved
When an execution order is issued, an additional $25.00 may be allowed for the order.
 
 
TARIFF E
Tariff of Fees for Solicitor's Services Allowable to a Party Entitled to
Costs in an Uncontested Proceeding for Foreclosure, or
Foreclosure and Sale
   
1.
For all steps in the proceeding up to and including the application for an order for foreclosure or foreclosure and sale the allowable fees shall be determined in accordance with one of the following scales:
Scale 1 Scale 2 (Basic) Scale 3
$300 $900 $1500
2.
For all steps in the proceeding subsequent to the application for an order for foreclosure or foreclosure and sale, the allowable fees shall be determined in accordance with one of the following scales:
Scale 1 Scale 2 (Basic) Scale 3
$650 $850 $1500
3.
Notwithstanding anything contained in this Tariff E there shall be, in addition to the allowable fees otherwise provided by this Tariff E, an allowable fee for all steps taken in obtaining a deficiency judgment in a proceeding for foreclosure or foreclosure and sale and that allowable fee shall be determined in accordance with one of the following scales:
Scale 1 Scale 2 (Basic) Scale 3
$300 $500 $700
 
 
TARIFF F
Tariff of fees allowed for Solicitor's Services Allowable to a
Party Entitled to Costs in a Proceeding which is
Discontinued or Settled
 
Costs on settlement are always a matter of negotiation between the parties.
This Tariff F is to be applied if the costs cannot be settled and must be assessed by a taxing officer.
The "amount involved” for purposes of this Tariff F is the amount of a settlement without including disbursements.
When determining costs in a proceeding, which is settled or discontinued, a taxing officer may assess the amount involved and the costs based on the following
 
Amount Involved Aount of Costs
Up to $25,000 Not more than $3000
$25,001 - $50,000 Not more than $4000
$50,001 - $100,000 Not more than $5000
 
Where the proceeding is discontinued or settled and the amount involved exceeds $100,000.00, costs shall not be more than the total of $5000.00 plus 2% of the amount in excess of $100,000.00.
       

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