Perrier v. Daigle
The court found neither party was successful in respect of the totality of their claims and, exercising its discretion, declined to award costs to either party; the applicant's request for a $20,000 substantial contribution was denied and each party was ordered to bear their own costs.
Source-derived case information.
- Citation
- 2012 NSSC 153
- Parties
- Applicant/petitioner: Nancy Perrier; Respondent: Danis J.L. Daigle
- Court
- Supreme Court of Nova Scotia
- Jurisdiction
- Canada
- Judgment Date
- 20 April 2012
- Procedural Posture
- Family Division Family Law / Costs Determination
- Outcome
- Applicant's request for $20,000 in costs denied; no costs awarded to either party; each party to bear their own costs.
- Legal Topics
- Retroactive Support, Equalization Payment, Spousal Support, Costs Award, Gifts in Property Division
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Perrier
Applicant/petitioner
Danis J.L. Daigle
Respondent
Procedural Posture
Family Division Family Law / Costs Determination
Legal Issues
- 1 Whether the applicant is the successful litigant for purposes of costs
- 2 Appropriate quantum of costs given partial successes and parties' conduct
- 3 Whether substantial contribution award is warranted
Ratio Decidendi
The court found neither party was successful in respect of the totality of their claims and, exercising its discretion, declined to award costs to either party; the applicant's request for a $20,000 substantial contribution was denied and each party was ordered to bear their own costs.
Court Disposition
Applicant's request for $20,000 in costs denied; no costs awarded to either party; each party to bear their own costs.
Orders
- Each party shall bear his or her own costs.
Full Case Text
Judgment text and source record
1 paragraphs
Perrier v. Daigle Court Supreme Court Date 2012-04-20 Citation 2012 NSSC 153 Docket 1201-064840, SHFD-072207 Judge/Registrar/Adjudicator MacDonald, Beryl (Honourable Justice) Document Type Decision Decision Content SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Perrier v. Daigle, 2012 NSSC 153 Date: 20120420 Docket: 1201‑064849, SFHD‑072207 Registry: Halifax Between: Nancy Perrier Applicant/Petitioner v. Danis J.L. Daigle Respondent Judge: The Honourable Justice Beryl MacDonald Written Submissions: February 27, 2012 from Mary Jane McGinty April 3, 2012 from Tanya G. Nicholson Counsel: Mary Jane McGinty, counsel for the Applicant Tanya G. Nicholson, counsel for the Respondent By the Court: [1] On February 3, 2012 I provided a written decision in this matter. It is reported as Perrier v. Daigle, 2012 NSSC 54. I invited the parties to provide written submissions if either requested a cost award. Both counsel have now provided those written submissions. Ms. Perrier considers herself to be the successful litigant and requests a lump sum amount of $20,000.00 as a “substantial contribution” toward her legal costs. The “rule of thumb” approach would have provided $4,000.00 on the Basic Scale of Tariff A. [2] This was a one day hearing involving what might be considered to be relatively straight forward issues. However, these were complicated by the actions of the parties themselves, the significance of which they failed to recognize. Ms. Perrier would not accept that both she and the children had been adequately supported by Mr. Daigle, prompting her to request retroactive support. This claim was rejected. Neither party wanted to accept the consequences of the division of matrimonial assets they effected shortly after their separation. Although the amount Ms. Perrier suggested would be owed to Mr. Daigle as an equalization payment was very close to the amount I awarded her calculations were based on a different analysis. Mr. Daigle would not recognize the financial gifts made by Ms. Perrier’s parents. Ms. Perrier requested far more spousal support than was reasonable based upon Mr. Daigle’s income. Both of these parties spent a considerable amount of money for very little benefit. Neither has been successful in respect to the totality of the claims each put forward. Each will bear her and his own costs. __________________________ Beryl MacDonald, J.S.C.