Kelly v Byrne

Kelly v Byrne

Applying Rule 77 discretion and relevant case law, the Court determined the applicant was the more successful party on the principal issues, the matter involved significant non‑monetary complexity (parenting) and disclosure failures increased expense, the applicant incurred $37,386.33 in fees (including a $5,000...

Source-derived case information.

Citation
2025 NSSC 56
Parties
Applicant (father): Keith Kelly; Respondent (mother): Raelisha Byrne
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 February 2025
Procedural Posture
Divorce and Family Law (parenting, Child Support, Spousal Support, Property, Costs) / Costs Determination Following Trial and Prior Hearings
Outcome
Respondent Raelisha Byrne ordered to pay Applicant Keith Kelly party‑and‑party costs of $23,291.48 forthwith.
Legal Topics
Imputation of Income, Retroactive Child Support (s.3, S.7), Spousal Support (compensatory and Non‑compensatory), Costs Assessment (tariff A/c, Lump Sum/armoyan Approach), Parenting Orders and Co‑parenting Conflict, Disclosure and Financial Disclosure, Enforcement/sale of Matrimonial Property, Passport/travel Clauses
Source Language
english
Family Law Divorce Child Support Spousal Support Property Division Costs Assessment Parenting/decision Making Imputation of Income +7 more

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Parties

Keith Kelly

Applicant (father)

Raelisha Byrne

Respondent (mother)

Procedural Posture

Divorce and Family Law (parenting, Child Support, Spousal Support, Property, Costs) / Costs Determination Following Trial and Prior Hearings

Legal Issues

  1. 1 Appropriate award of costs following mixed but largely successful litigation by applicant
  2. 2 Whether to apply tariffs (Tariff A or C) or a lump sum (Armoyan approach)
  3. 3 Imputation of respondent's income for support calculations

Ratio Decidendi

Applying Rule 77 discretion and relevant case law, the Court determined the applicant was the more successful party on the principal issues, the matter involved significant non‑monetary complexity (parenting) and disclosure failures increased expense, the applicant incurred $37,386.33 in fees (including a $5,000 allowance for self‑representation), and a lump‑sum party‑and‑party award representing a substantial contribution (70% recovery = $23,291.48) was required to do justice; accordingly the respondent was ordered to pay $23,291.48 forthwith.

Court Disposition

Respondent Raelisha Byrne ordered to pay Applicant Keith Kelly party‑and‑party costs of $23,291.48 forthwith.

Orders

  • Respondent Raelisha Byrne shall pay Applicant Keith Kelly party and party costs in the amount of $23,291.48 forthwith.
  • The father’s legal counsel shall prepare the Order.