Trainor v. Trainor

Trainor v. Trainor

The court assessed relative success, the parties' conduct, offers to settle, and the practical impact of bankruptcy on any award. Because the Petitioner was more successful overall but the Respondent lacked means and an award could destroy her spousal/property entitlement, the court awarded modest costs against the Respondent ($1,500 plus half of specified disbursements $403.16) and ordered those costs to be set off against the property division to preserve the Respondent's spousal support entitlement; the Petitioner bears his own disbursements associated with issuing and serving the Petition.

Citation
2006 NSSC 324
Parties
Petitioner/respondent: John Patrick Trainor; Counter Petitioner/applicant: Darlene Gail Trainor
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 October 2006
Procedural Posture
Family Division Matrimonial Dispute / Post Trial Costs Decision
Outcome
Costs awarded against Counter-Petitioner/Applicant (Darlene) to be set off against property division; Petitioner to bear his own disbursements for issuing and serving the Petition; costs ordered preserved to protect spousal support entitlement.
Legal Topics
Date of Separation, Spousal Support, Matrimonial Property Division, Prenuptial Agreement, Pension Division, Allegations of Fraud, Reimbursement for Separate Residence, Offers to Settle, Costs Awards, Bankruptcy Effect on Property
Source Language
English
Family Law Property Law Bankruptcy Civil Procedure Costs Date of Separation Spousal Support Matrimonial Property Division Prenuptial Agreement +6 more

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Parties

John Patrick Trainor

Petitioner/respondent

Darlene Gail Trainor

Counter Petitioner/applicant

Procedural Posture

Family Division Matrimonial Dispute / Post Trial Costs Decision

Legal Issues

  1. 1 Determination of date of separation and its effect on contractual calculations
  2. 2 Entitlement to spousal support under the parties' agreement
  3. 3 Enforcement and validity of prenuptial agreement amendment

Ratio Decidendi

The court assessed relative success, the parties' conduct, offers to settle, and the practical impact of bankruptcy on any award. Because the Petitioner was more successful overall but the Respondent lacked means and an award could destroy her spousal/property entitlement, the court awarded modest costs against the Respondent ($1,500 plus half of specified disbursements $403.16) and ordered those costs to be set off against the property division to preserve the Respondent's spousal support entitlement; the Petitioner bears his own disbursements associated with issuing and serving the Petition.

Court Disposition

Costs awarded against Counter-Petitioner/Applicant (Darlene) to be set off against property division; Petitioner to bear his own disbursements for issuing and serving the Petition; costs ordered preserved to protect spousal support entitlement.

Orders

  • Award costs against the Respondent in the amount of $1,500
  • Order Respondent to pay one half of specific Petitioner disbursements totaling $403.16 (half of $806.32)