J.E.W v. W.E.D

J.E.W v. W.E.D

The court awarded the father $4,000 because he was largely successful (assessed at 80%), the appropriate baseline for a one-day contested chambers-style hearing plus additional filings was equated to $2,500 under Tariff C, a multiplier of two was justified for importance and effort producing $5,000, and applying the 80% success rate yielded $4,000; the mother did not act reasonably (she minimized and overstated matters and raised false allegations), settlement prospects were impaired, and the award is limited to issues heard before this judge (costs for the earlier notice appearance reserved to Justice MacKeigan).

Citation
2019 NSSC 276
Parties
Applicant (mother): J.E.W.; Respondent (father): W.E.D.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 September 2019
Procedural Posture
Family Mobility/parenting (relocation) / Costs Endorsement (post Hearing)
Outcome
Father awarded costs of $4,000 to be paid by the mother within 30 days; award limited to issues heard before this court; costs for the earlier notice appearance reserved to Justice MacKeigan.
Legal Topics
Relocation/mobility, Joint and Shared Parenting, Costs Awards, Rule 77, Tariff C
Source Language
English
Family Law Child Custody/parenting Costs Relocation/mobility Joint and Shared Parenting Costs Awards Rule 77 Tariff C

Case Brief

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Parties

J.E.W.

Applicant (mother)

W.E.D.

Respondent (father)

Procedural Posture

Family Mobility/parenting (relocation) / Costs Endorsement (post Hearing)

Legal Issues

  1. 1 Whether the successful party is entitled to costs following a contested mobility/parenting hearing
  2. 2 Whether the mother acted unreasonably or in bad faith warranting an award of costs
  3. 3 Proper application of Tariff C and the use of a multiplier in calculating costs

Ratio Decidendi

The court awarded the father $4,000 because he was largely successful (assessed at 80%), the appropriate baseline for a one-day contested chambers-style hearing plus additional filings was equated to $2,500 under Tariff C, a multiplier of two was justified for importance and effort producing $5,000, and applying the 80% success rate yielded $4,000; the mother did not act reasonably (she minimized and overstated matters and raised false allegations), settlement prospects were impaired, and the award is limited to issues heard before this judge (costs for the earlier notice appearance reserved to Justice MacKeigan).

Court Disposition

Father awarded costs of $4,000 to be paid by the mother within 30 days; award limited to issues heard before this court; costs for the earlier notice appearance reserved to Justice MacKeigan.

Orders

  • Mother to pay father $4,000 within 30 days.
  • Costs relating to the notice application before Justice MacKeigan to be determined by Justice MacKeigan.