Sayer v. Sayer

Sayer v. Sayer

Because the respondent prevailed on the central issues of parenting and child support and the petitioner maintained an unreasonable position regarding retention of the matrimonial home, modest costs were appropriate; given the limited appearances and the case’s limited complexity the court awarded a total of $4,000...

Source-derived case information.

Citation
2012 NSSC 193
Parties
Petitioner: Roger Joseph Sayer; Respondent: Elizabeth Ann Eileen Sayer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 May 2012
Procedural Posture
Divorce / Costs Application Following Divorce Hearing
Outcome
Costs awarded to the respondent
Legal Topics
Joint Custody, Shared Custody, Sale of Matrimonial Home, Parenting Schedule, Child Support Quantum, Costs Award
Source Language
english
Family Law Child Custody Child Support Property Division Costs Joint Custody Shared Custody Sale of Matrimonial Home +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Roger Joseph Sayer

Petitioner

Elizabeth Ann Eileen Sayer

Respondent

Procedural Posture

Divorce / Costs Application Following Divorce Hearing

Legal Issues

  1. 1 Whether joint or shared custody should be ordered
  2. 2 Whether the matrimonial home should be sold
  3. 3 Quantum of child support payable

Ratio Decidendi

Because the respondent prevailed on the central issues of parenting and child support and the petitioner maintained an unreasonable position regarding retention of the matrimonial home, modest costs were appropriate; given the limited appearances and the case’s limited complexity the court awarded a total of $4,000 ($1,000 for the motion and $3,000 for the divorce hearing).

Court Disposition

Costs awarded to the respondent

Orders

  • Respondent awarded costs in the amount of $4,000
  • Costs allocated as $1,000 for the Motion and $3,000 for the Divorce Hearing