Tariffs of Costs Regulations
made under clause 66(c) of the
Expropriation Act
R.S.N.S. 1989, c. 156
O.I.C. 2019-161 (effective June 4, 2019), N.S. Reg. 78/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Application of regulations
Applicable tariffs
Scale of costs
Value amount for scales
Setting number of hours within range
Partial days
Expenses and disbursements
Schedule A: Tariffs
Tariff 1—Real Estate Appraisal Expert Costs
Tariff 2—Other Expert Costs
Citation
1 These regulations may be cited as the Tariffs of Costs Regulations.
Definitions
2 In these regulations,
“Act” means the Expropriation Act;
“decision-maker” means the Board or the Court;
“tariff” means a tariff of costs set out in Schedule A: Tariffs or as set out in Tariff
A;
“Tariff A” means “Tariff A: Tariff of Fees for Solicitor’s Services Allowable to a
Party Entitled to Costs on a Decision or Order in a Proceeding” set by the Costs
and Fees Committee under the Costs and Fees Act.
Application of regulations
3 (1) Subject to subsection (2), these regulations apply to costs payable under the Act
that were incurred on or after the date these regulations come into force.
(2) These regulations do not apply to any matters that were before the Board before the
date these regulations come into force.
Applicable tariffs
4 Costs payable under the Act must be assessed in accordance with the following tariffs:
(a) for legal costs, Tariff A;
(b) for real estate appraisal expert costs, Tariff 1;
(c) for all other expert costs, Tariff 2.
Scale of costs
5 (1) The scales under which costs are assessed are as follows:
(a) Scale 1, for matters of less than ordinary difficulty or importance;
(b) Scale 2, for matters of ordinary difficulty or importance;
(c) Scale 3, for matters of more than ordinary difficulty or importance.
(2) When fixing the appropriate scale under which costs will be assessed, the
decision-maker must consider all of the following:
(a) whether the case involved a difficult issue of law, fact or construction;
(b) whether a difficult appraisal issue is involved;
(c) whether an issue is of importance to a class or body of persons, or is of
general interest;
(d) whether the result of the proceeding before the decision-maker effectively
determines the rights and obligations as between the parties, beyond the
relief that was granted or denied.
(3) If the parties to a proceeding have agreed on a settlement amount but have not
agreed to costs, costs must be assessed under Scale 2.
Value amount for scales
6 The value allowed on an assessment of costs for each scale is as set out in the applicable
tariff.
Setting number of hours within range
7 (1) If a tariff sets a minimum and maximum number of hours, the decision-maker may
set the number of hours within the range in accordance with all of the following:
(a) the minimum number of hours, for matters upon which little time should
ordinarily have been spent;
(b) the middle of the range is for matters which should ordinarily require an
average amount of time;
(c) the maximum number of units is reserved for matters upon which a great
deal of time was required.
(2) In setting the number of hours under subsection (1), the decision-maker must
consider all of the following:
(a) the complexity of the issue;
(b) the uniqueness of the issue;
(c) any additional unusual circumstances.
Partial days
8 If an item in a tariff provides for an amount for each day, but the actual time spent was
(a) less than 2.5 hours, only half of the amount set for the day is allowed; or
(b) more than 5 hours, the amount allowed for the day must be increased by
half of the amount set for the day.
Expenses and disbursements
9 (1) In addition to the costs allowed under these regulations, a reasonable amount for
expenses and disbursements is also permitted if the expenses and disbursements
were necessarily and properly incurred in the conduct of the proceeding before the
decision-maker.
(2) Reasonable travelling and subsistence expenses must be allowed as a
disbursement.
________________________________________________________________
Schedule A: Tariffs
Tariff 1—Real Estate Appraisal Expert Costs
In this tariff, the value allowed for each scale is:
Scale
|
Amount Per Hour
|
Scale 1
|
$137.50
|
Scale 2
|
$175.00
|
Scale 3
|
$212.50
|
Item
|
Description
|
Hours (Min/Max)
|
Scale 1
|
Scale 2
|
Scale 3
|
Min
|
Max
|
Min
|
Max
|
Min
|
Max
|
|
Instructions
|
1
|
Correspondence, conferences, instructions or
meetings with claimant and counsel relating to
expropriation proceeding, whether before or after
commencement of proceeding, for which provision
is not made elsewhere in this tariff
|
1
|
5
|
1
|
10
|
1
|
20
|
|
Inspection and research
|
2
|
Inspect and research subject property
|
1
|
10
|
1
|
20
|
1
|
30
|
3
|
Market research, including all necessary
attendances
|
1
|
10
|
1
|
15
|
1
|
20
|
4
|
Inspection of comparable properties
|
1
|
10
|
1
|
15
|
1
|
20
|
|
Analysis and report preparation
|
5
|
Analysis of data and preparation of report(s)
|
1
|
20
|
1
|
40
|
1
|
60
|
|
Hearing
|
6
|
Preparation for hearing for each day of necessary
attendance
|
1
|
30
|
1
|
30
|
1
|
30
|
7
|
Attendance at hearing, interim motion or
application in proceeding, for each day of necessary
attendance
|
1
|
10
|
1
|
10
|
1
|
10
|
8
|
Travel for necessary attendance at hearing,
application, examination or other analogous
proceeding if held more than 40 km from place
where appraiser carries on business, for each day of
travel
|
1
|
2
|
1
|
2
|
1
|
2
|
Tariff 2—Other Expert Costs
In this tariff, the value allowed for each scale is:
Scale
|
Amount Per Hour
|
Scale 1
|
$137.50
|
Scale 2
|
$175.00
|
Scale 3
|
$212.50
|
Item
|
Description
|
Hours (Min/Max)
|
Scale 1
|
Scale 2
|
Scale 3
|
Min
|
Max
|
Min
|
Max
|
Min
|
Max
|
|
Instructions
|
1
|
Correspondence, conferences, instructions or
meetings with claimant and counsel relating to
expropriation proceeding, whether before or after
commencement of proceeding, for which provision
is not made elsewhere in this tariff
|
1
|
5
|
1
|
10
|
1
|
20
|
|
Research
|
2
|
Inspect and research
|
1
|
30
|
1
|
50
|
1
|
70
|
|
Analysis and report preparation
|
|
|
|
|
|
|
3
|
Analysis of data and preparation of a report(s)
|
1
|
20
|
1
|
40
|
1
|
60
|
|
Hearing
|
4
|
Preparation for hearing for each day of necessary
attendance
|
1
|
30
|
1
|
30
|
1
|
30
|
5
|
Attendance at hearing, interim motion or
application in proceeding, for each day of necessary
attendance
|
1
|
10
|
1
|
10
|
1
|
10
|
6
|
Travel for necessary attendance at hearing,
application, examination or other analogous
proceeding if held more than 40 km from place
where expert carries on business, for each day of
travel
|
1
|
2
|
1
|
2
|
1
|
2
|
The following regulations are not yet in force and are not
included in the current consolidation: