Donelle v. Donelle

Donelle v. Donelle

Applying the costs rules and Tariff A scale two (base $4,000 plus $2,000 per day of trial), considering that the primary issue was relocation which the respondent successfully resisted, the hearing lasted one day, and the respondent’s concessions simplified issues, the court exercised its discretion to award costs of $6,000 to the respondent, inclusive of disbursements, payable by the applicant by December 1, 2021.

Citation
2021 NSSC 311
Parties
Applicant/plaintiff: Scott Donelle; Respondent/defendant: Aleeah Donelle
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 October 2021
Procedural Posture
Family Law Divorce, Child Custody and Relocation / Trial Concluded; Endorsement on Costs (post Trial Costs Determination)
Outcome
Applicant ordered to pay respondent costs
Legal Topics
Relocation, Custody, Child Support, Costs Assessment, Property Valuation
Source Language
English
Family Law Child Custody Relocation Divorce Civil Procedure Costs Custody Child Support Costs Assessment +1 more

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Parties

Scott Donelle

Applicant/plaintiff

Aleeah Donelle

Respondent/defendant

Procedural Posture

Family Law Divorce, Child Custody and Relocation / Trial Concluded; Endorsement on Costs (post Trial Costs Determination)

Legal Issues

  1. 1 Whether the father could relocate the child to Ontario
  2. 2 Appropriate custodial arrangement
  3. 3 Calculation and set-off of child support (retroactive and prospective)

Ratio Decidendi

Applying the costs rules and Tariff A scale two (base $4,000 plus $2,000 per day of trial), considering that the primary issue was relocation which the respondent successfully resisted, the hearing lasted one day, and the respondent’s concessions simplified issues, the court exercised its discretion to award costs of $6,000 to the respondent, inclusive of disbursements, payable by the applicant by December 1, 2021.

Court Disposition

Applicant ordered to pay respondent costs

Orders

  • Applicant (Scott Donelle) shall pay respondent (Aleeah Donelle) costs of $6,000 on or before December 1, 2021