Robaczewski v. Larson

Robaczewski v. Larson

Each party substantially succeeded on one major issue and failed on another, trial time and success were roughly equal, and neither party achieved a result as good as their own settlement offer; exercising discretion under Rules 77.02(1) and 77.03(3), the court ordered each party to bear its own costs as doing justice between the parties.

Citation
2019 NSSC 180
Parties
Applicant: Anna Robaczewski; Respondent: John Larson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 June 2019
Procedural Posture
Divorce / Trial Judgment and Costs Endorsement
Outcome
Each party shall bear its own costs.
Legal Topics
Spousal Support, Property Division, Characterization of Assets, Costs and Indemnity, Settlement Offers
Source Language
English
Family Law Civil Procedure Spousal Support Property Division Characterization of Assets Costs and Indemnity Settlement Offers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Anna Robaczewski

Applicant

John Larson

Respondent

Procedural Posture

Divorce / Trial Judgment and Costs Endorsement

Legal Issues

  1. 1 Characterization of assets for division
  2. 2 Quantum of spousal support
  3. 3 Entitlement to and allocation of costs

Ratio Decidendi

Each party substantially succeeded on one major issue and failed on another, trial time and success were roughly equal, and neither party achieved a result as good as their own settlement offer; exercising discretion under Rules 77.02(1) and 77.03(3), the court ordered each party to bear its own costs as doing justice between the parties.

Court Disposition

Each party shall bear its own costs.

Orders

  • Each party shall bear its own costs.
  • No spousal support payable at this time.