Background:

• AHS issued an RFP for medical waste management services, with the current contract expiring on July 31, 2024.
• Daniels Health submitted a proposal but was not selected; Stericycle ULC was chosen.
• Daniels Health sought an injunction to stop AHS from negotiating with Stericycle, claiming Stericycle’s proposal was non-compliant.

Ruling on the Injunction (May 16, 2024):

• Issue: Interim injunction to prevent AHS from negotiating with Stericycle.
• Decision: Application dismissed.
• Rationale: Daniels Health did not establish a strong prima facie case; evidence was hearsay and speculative. No irreparable harm was demonstrated, as potential losses were quantifiable. The balance of convenience favored AHS due to the need for uninterrupted medical waste services.

Ruling on Costs (July 9, 2024):

• Issue: Determination of costs, including whether AHS was entitled to solicitor-client costs.
• Decision: AHS awarded $14,175.00 (2x column 1 of Schedule C with a 1.5x multiplier for an offer to settle). Reasonable disbursements allowed, subject to agreement or assessment.
• Rationale: Solicitor-client costs were not awarded; AHS failed to prove misconduct by Daniels. Daniels’ urgency in seeking an early hearing was reasonable, and allegations of malice were unsupported.

Key Points:

• Daniels Health's injunction application to stop AHS from negotiating with Stericycle was dismissed.
• Daniels failed to show a strong case, irreparable harm, or favorable balance of convenience.
• AHS was awarded standard costs, not enhanced costs, due to lack of evidence of misconduct by Daniels Health.