D.M. v. S.A.

D.M. v. S.A.

Applying discretionary authority under Family Court Rule 17.01 and guided by Civil Procedure Rule 63 tariffs and case law, S.A. being substantially successful and considering parties' conduct and lack of solicitor's bill, the court awards party-and-party costs of $3,000 and disbursements of $557 and declines to order a 13% HST gross-up.

Citation
2009 NSFC 5
Parties
Applicant: D.M.; Respondent: S.A.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
5 February 2009
Procedural Posture
Family Court Child Support Review and Costs / Costs Determination Following Written Decision
Outcome
Costs awarded to respondent S.A.; D.M. ordered to pay party-and-party costs of $3,000 and disbursements of approximately $557; no 13% HST gross-up ordered.
Legal Topics
Retroactive Variation, Downward Variation, Underemployment, Disclosure Obligations, Party and Party Costs, Tariffs, HST on Costs
Source Language
English
Family Law Child Support Costs Civil Procedure Retroactive Variation Downward Variation Underemployment Disclosure Obligations +3 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 4 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

D.M.

Applicant

S.A.

Respondent

Procedural Posture

Family Court Child Support Review and Costs / Costs Determination Following Written Decision

Legal Issues

  1. 1 Whether respondent is entitled to party and party costs
  2. 2 Quantum of costs under Family Court Rule 17.01 and applicable tariffs
  3. 3 Whether HST should be grossed up onto a costs award

Ratio Decidendi

Applying discretionary authority under Family Court Rule 17.01 and guided by Civil Procedure Rule 63 tariffs and case law, S.A. being substantially successful and considering parties' conduct and lack of solicitor's bill, the court awards party-and-party costs of $3,000 and disbursements of $557 and declines to order a 13% HST gross-up.

Court Disposition

Costs awarded to respondent S.A.; D.M. ordered to pay party-and-party costs of $3,000 and disbursements of approximately $557; no 13% HST gross-up ordered.

Orders

  • D.M. shall pay S.A. party-and-party costs of $3,000 forthwith.
  • D.M. shall pay S.A. disbursements in the amount of approximately $557 (inclusive of HST) forthwith.