V.J. Rice Concrete v. John Ross and Sons
V.J. Rice Concrete Limited
Law Firm / Organization
Stewart McKelvey
John Ross and Sons Limited
Law Firm / Organization
Cox & Palmer

2024 NSSC 376

  • V.J. Rice Concrete Ltd. (VJR) and John Ross and Sons Ltd. (JRS) entered into a unit price contract for roller-compacted concrete (RCC) at $89 per metric tonne.
  • The contract estimated 15,840 metric tonnes, but due to site conditions and increased paving area (8.44 acres instead of 8 acres), the final amount reached 18,280–18,373 metric tonnes.
  • JRS refused to fully pay the final invoice, leaving $161,078.43 unpaid.
  • The court found JRS had agreed to the increased amount and rejected JRS’s claim that VJR overbilled.
  • JRS’s counterclaim, alleging the RCC thickness was insufficient, was dismissed due to unreliable core sampling and lack of evidence.
  • The court ordered JRS to pay $161,078.43 plus 5% pre-judgment interest from September 16, 2020.

2025 NSSC 58 (Costs Award)

  • VJR sought $116,782.71 in legal fees and $34,157.88 in expert fees.
  • JRS argued for a Tariff A cost award of $29,750.
  • The court awarded 80% of legal fees ($66,100), full expert fees ($34,157.88), and $1,500 for costs of the application, totaling $101,757.88.

Final Outcome

  • JRS must pay $161,078.43 plus 5% pre-judgment interest and $101,757.88 in costs, totaling $262,836.31 plus interest.
Supreme Court of Nova Scotia
Hfx No. 502886
Civil litigation
$ 262,836
Plaintiff