Klefenz v. Klefenz

Klefenz v. Klefenz

Having considered the nature and complexity of the issues, the hearing length (just under one day), the parties' positions and the court’s discretion under the Civil Procedure Rules and Tariff A, the court exercised its discretion to award costs on Tariff A Scale 3 in the amount of $5,000 inclusive of disbursements to the successful party (applicant). HST was declined. The court also adjusted spousal support to $2,083.33 monthly based on changed circumstances and the elimination of child support.

Citation
2018 NSSC 354
Parties
Applicant: Byron Kees Klefenz; Respondent: Dawn Marie Klefenz
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 February 2018
Procedural Posture
Family Law Variation of Support / Variation Hearing and Costs Endorsement
Outcome
Spousal support varied; child support terminated; costs awarded to applicant in the amount of $5,000 payable by respondent by February 1, 2021; HST not awarded; costs inclusive of disbursements.
Legal Topics
Variation of Support, Spousal Support, Child Support, Imputing Income, Tariff a Costs, Ability to Pay
Source Language
English
Family Law Costs Variation of Support Spousal Support Child Support Imputing Income Tariff a Costs Ability to Pay

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Parties

Byron Kees Klefenz

Applicant

Dawn Marie Klefenz

Respondent

Procedural Posture

Family Law Variation of Support / Variation Hearing and Costs Endorsement

Legal Issues

  1. 1 Whether spousal support should be varied and to what amount
  2. 2 Whether child support should end and whether future post-secondary support should be ordered
  3. 3 Whether costs should be awarded and at what tariff/scale

Ratio Decidendi

Having considered the nature and complexity of the issues, the hearing length (just under one day), the parties' positions and the court’s discretion under the Civil Procedure Rules and Tariff A, the court exercised its discretion to award costs on Tariff A Scale 3 in the amount of $5,000 inclusive of disbursements to the successful party (applicant). HST was declined. The court also adjusted spousal support to $2,083.33 monthly based on changed circumstances and the elimination of child support.

Court Disposition

Spousal support varied; child support terminated; costs awarded to applicant in the amount of $5,000 payable by respondent by February 1, 2021; HST not awarded; costs inclusive of disbursements.

Orders

  • Respondent Dawn Marie Klefenz shall pay applicant Byron Kees Klefenz costs in the amount of $5,000.00 on or before February 1, 2021, inclusive of disbursements.
  • Spousal support varied to $2,083.33 per month ($25,000.00 per year).