Cole v. Luckman

Cole v. Luckman

The court awarded costs to Mr. Cole based on Tariff A Basic Scale for an 'amount involved' under $25,000 ($4,000) plus $2,000 per trial day apportioned to the division of assets (1.5 days = $3,000) for a total of $7,000; costs for the spousal support portion were disallowed between the parties (each to bear own costs); settlement conference offers were excluded from consideration under Rule 10.03; Ms. Luckman’s financial circumstances were considered but did not warrant relief or delayed enforcement, so costs are payable forthwith.

Citation
2013 NSSC 6
Parties
Petitioner/responding Party: Kenneth Gary Cole; Respondent/moving Party: Patricia Lee Luckman (Cole)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 January 2013
Procedural Posture
Divorce / Costs Decision Post Trial
Outcome
Costs awarded to Mr. Cole in the amount of $7,000 plus disbursements; each party to bear their own costs with respect to spousal support claims.
Legal Topics
Spousal Support, Division of Assets, Party and Party Costs, Tariff of Costs, Settlement Offers, Ability to Pay
Source Language
English
Family Law Civil Procedure Costs Spousal Support Division of Assets Party and Party Costs Tariff of Costs Settlement Offers +1 more

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Parties

Kenneth Gary Cole

Petitioner/responding Party

Patricia Lee Luckman (Cole)

Respondent/moving Party

Procedural Posture

Divorce / Costs Decision Post Trial

Legal Issues

  1. 1 Entitlement to party-and-party costs following a divorce trial
  2. 2 Quantum of costs and application of Tariff A 'amount involved' rules
  3. 3 Whether a settlement conference offer may be considered under Rule 10.03

Ratio Decidendi

The court awarded costs to Mr. Cole based on Tariff A Basic Scale for an 'amount involved' under $25,000 ($4,000) plus $2,000 per trial day apportioned to the division of assets (1.5 days = $3,000) for a total of $7,000; costs for the spousal support portion were disallowed between the parties (each to bear own costs); settlement conference offers were excluded from consideration under Rule 10.03; Ms. Luckman’s financial circumstances were considered but did not warrant relief or delayed enforcement, so costs are payable forthwith.

Court Disposition

Costs awarded to Mr. Cole in the amount of $7,000 plus disbursements; each party to bear their own costs with respect to spousal support claims.

Orders

  • Ms. Luckman shall pay to Mr. Cole $7,000 in costs, plus disbursements, as agreed or taxed.
  • Costs are payable forthwith.