Medley v. Medley

Medley v. Medley

The Court ordered that interest on the additional $20,000 runs from the date liability was determined, 27 January 1997, until payment; "costs" are to be interpreted according to the Court's judgment and Part 2 of the Court of Appeal Rules (Rule 29(13) and (22) and Form 9); the Court exercised its discretion and declined to alter the apportionment of disbursements, and because success was divided each party must bear his or her own costs of this application.

Citation
1999 BCCA 373
Parties
Plaintiff (respondent): Ursula Medley; Defendant (appellant): Douglas Gene Medley
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 June 1999
Procedural Posture
Appeal / Supplemental Reasons on Written Material (post Judgment Settlement)
Outcome
Interest on the additional $20,000 awarded from 27 January 1997 until payment; no change to apportionment of disbursements; each party to bear his or her own costs of this application.
Legal Topics
Interest on Judgment, Costs Apportionment, Disbursements, Court of Appeal Rules
Source Language
English
Civil Procedure Costs Judgments Interest Interest on Judgment Costs Apportionment Disbursements Court of Appeal Rules

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Parties

Ursula Medley

Plaintiff (respondent)

Douglas Gene Medley

Defendant (appellant)

Procedural Posture

Appeal / Supplemental Reasons on Written Material (post Judgment Settlement)

Legal Issues

  1. 1 Whether interest should run on the additional $20,000 and from what date
  2. 2 Proper meaning and scope of "costs" under the Court's judgment and Part 2 of the Court of Appeal Rules (Rule 29(13) and (22), Form 9)
  3. 3 Whether the apportionment of disbursements should be altered

Ratio Decidendi

The Court ordered that interest on the additional $20,000 runs from the date liability was determined, 27 January 1997, until payment; "costs" are to be interpreted according to the Court's judgment and Part 2 of the Court of Appeal Rules (Rule 29(13) and (22) and Form 9); the Court exercised its discretion and declined to alter the apportionment of disbursements, and because success was divided each party must bear his or her own costs of this application.

Court Disposition

Interest on the additional $20,000 awarded from 27 January 1997 until payment; no change to apportionment of disbursements; each party to bear his or her own costs of this application.

Orders

  • Interest to run on the additional sum of $20,000 from 27 January 1997 until paid.
  • No change to the apportionment of disbursements as set out in the Court's reasons for judgment.