C.B. v. D.M.

C.B. v. D.M.

Mother was successful on the central issue of relocation and on child support (she waived support); joint custody was neutral; father’s conduct did not justify denial or increase of costs. Applying the rule of thumb ($20,000 per trial day) to two days results in an 'amount involved' of $40,000; applying Tariff A scale 2 produced a base tariff result of $9,250 which the court adjusted to $7,000 considering the modest incomes and that both parties advanced reasonable positions; therefore costs of $7,000 awarded to the mother payable within 30 days.

Citation
2017 NSFC 23
Parties
Applicant: C.B.; Respondent: D.M.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
2 October 2017
Procedural Posture
Family Law Relocation/custody / Costs Decision (post Hearing)
Outcome
Costs awarded to Applicant (mother). Joint custody granted; mother permitted to relocate child to Toronto; father granted substantial parenting time as specified; no child support ordered; costs of $7,000 payable by Respondent to Applicant within 30 days.
Legal Topics
Relocation, Joint Custody, Parenting Time, Tariff a Costs, Judicial Settlement Conference
Source Language
English
Family Law Child Custody Child Support Costs and Fees Relocation Joint Custody Parenting Time Tariff a Costs +1 more

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 6 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

C.B.

Applicant

D.M.

Respondent

Procedural Posture

Family Law Relocation/custody / Costs Decision (post Hearing)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the child to Toronto
  2. 2 Whether joint custody was appropriate
  3. 3 Whether child support should be ordered

Ratio Decidendi

Mother was successful on the central issue of relocation and on child support (she waived support); joint custody was neutral; father’s conduct did not justify denial or increase of costs. Applying the rule of thumb ($20,000 per trial day) to two days results in an 'amount involved' of $40,000; applying Tariff A scale 2 produced a base tariff result of $9,250 which the court adjusted to $7,000 considering the modest incomes and that both parties advanced reasonable positions; therefore costs of $7,000 awarded to the mother payable within 30 days.

Court Disposition

Costs awarded to Applicant (mother). Joint custody granted; mother permitted to relocate child to Toronto; father granted substantial parenting time as specified; no child support ordered; costs of $7,000 payable by Respondent to Applicant within 30 days.

Orders

  • Joint custody granted to the parties
  • Mother permitted to relocate the child to Toronto