Darlington v. Moore

Darlington v. Moore

The Applicant was the more successful party; the tariffs were not an appropriate or sufficient mechanism given the nature and history of the litigation and the parties’ conduct; pre‑2012 settlement offers did not mitigate the Respondent’s obstructive conduct and therefore the court awarded a lump sum costs award of $50,000 inclusive of HST and disbursements, jointly and severally against David Paul Moore and Sand, Surf & Sea Limited, payable from the matrimonial home proceeds where available, with 65% of Ms. Darlington’s legal costs attributed to child and spousal support.

Citation
2016 NSSC 84
Parties
Applicant / Defendant: Michelle Darlington; Respondent / Plaintiff: David Paul Moore; Plaintiff (corporate): Sand, Surf & Sea Limited
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 April 2016
Procedural Posture
Family Division — Matrimonial Property, Support and Costs / Costs Ruling Post Trial
Outcome
Costs awarded to Applicant Michelle Darlington. David Paul Moore and Sand, Surf & Sea Limited are jointly and severally liable for $50,000 inclusive of HST and disbursements; payable from sale proceeds of the matrimonial home if available; 65% of Applicant's legal costs attributable to child and spousal support.
Legal Topics
Costs Assessment, Tariff Vs Lump Sum, Settlement Offers and Costs, Imputation of Income, Retroactive Support, Unjust Enrichment, Disclosure and Conduct, Allocation of Disbursements, Maintenance Enforcement Program, Pension Division, RESP Allocation
Source Language
English
Family Law Civil Procedure Costs Law Matrimonial Property Child Support Spousal Support Corporate Claims Costs Assessment +10 more

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Parties

Michelle Darlington

Applicant / Defendant

David Paul Moore

Respondent / Plaintiff

Sand, Surf & Sea Limited

Plaintiff (corporate)

Procedural Posture

Family Division — Matrimonial Property, Support and Costs / Costs Ruling Post Trial

Legal Issues

  1. 1 Whether Applicant was the more successful party for costs purposes
  2. 2 Quantification method for costs (tariff v lump sum)
  3. 3 Effect of pre‑trial settlement offers on costs

Ratio Decidendi

The Applicant was the more successful party; the tariffs were not an appropriate or sufficient mechanism given the nature and history of the litigation and the parties’ conduct; pre‑2012 settlement offers did not mitigate the Respondent’s obstructive conduct and therefore the court awarded a lump sum costs award of $50,000 inclusive of HST and disbursements, jointly and severally against David Paul Moore and Sand, Surf & Sea Limited, payable from the matrimonial home proceeds where available, with 65% of Ms. Darlington’s legal costs attributed to child and spousal support.

Court Disposition

Costs awarded to Applicant Michelle Darlington. David Paul Moore and Sand, Surf & Sea Limited are jointly and severally liable for $50,000 inclusive of HST and disbursements; payable from sale proceeds of the matrimonial home if available; 65% of Applicant's legal costs attributable to child and spousal support.

Orders

  • David Paul Moore and Sand, Surf & Sea Limited jointly and severally ordered to pay $50,000 to Michelle Darlington, inclusive of HST and disbursements.
  • Costs are payable from the sale of the matrimonial home if those proceeds remain available.