JH v. RH

JH v. RH

Tariff C applies to interim hearings as the presumptive award; however, the father’s failure to provide required financial disclosure constituted a special circumstance justifying a modest increase above Tariff C. The court increased Tariff C by $1,000 to award costs of $5,000 plus disbursements of $535.82. The settlement offer and the total amount of the mother’s legal bill did not justify further departure from Tariff C.

Citation
2023 NSSC 380
Parties
Petitioner (mother): JH; Respondent (father): RH
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 November 2023
Procedural Posture
Family Law Interim Motion / Costs Decision Following Interim Hearing
Outcome
Father ordered to pay mother costs of $5,000 plus disbursements of $535.82 (total $5,535.82).
Legal Topics
Interim Relief, Child Support, Spousal Support, Disclosure, Costs Tariff C, Settlement Offers
Source Language
English
Family Law Civil Procedure Costs Interim Relief Child Support Spousal Support Disclosure Costs Tariff C +1 more

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Parties

JH

Petitioner (mother)

RH

Respondent (father)

Procedural Posture

Family Law Interim Motion / Costs Decision Following Interim Hearing

Legal Issues

  1. 1 What is the appropriate costs award for the interim hearing?
  2. 2 Whether to depart from Tariff C and increase costs due to nondisclosure or other factors
  3. 3 Whether the settlement offer justifies increased costs

Ratio Decidendi

Tariff C applies to interim hearings as the presumptive award; however, the father’s failure to provide required financial disclosure constituted a special circumstance justifying a modest increase above Tariff C. The court increased Tariff C by $1,000 to award costs of $5,000 plus disbursements of $535.82. The settlement offer and the total amount of the mother’s legal bill did not justify further departure from Tariff C.

Court Disposition

Father ordered to pay mother costs of $5,000 plus disbursements of $535.82 (total $5,535.82).

Orders

  • Father to pay costs of $5,000 to the mother.
  • Father to pay disbursements of $535.82 to the mother.