E.T. v. T.C.

E.T. v. T.C.

The mother was successful on almost all substantive issues and exhibited no conduct warranting denial or reduction of costs; settlement offers did not engage Rule 10.09; applying the rule-of-thumb ($20,000 per trial day) for two days yielded an amount involved of $40,000, Tariff A produced a calculated figure of $10,250 but the court exercised judicial discretion to award party-and-party costs at $8,000 payable forthwith by the father, collectible through Maintenance Enforcement if unpaid.

Citation
2020 NSFC 10
Parties
Applicant: E.T.; Respondent: T.C.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
16 June 2020
Procedural Posture
Family Court Relocation, Custody and Child Support / Decision on Costs (written Decision)
Outcome
Costs awarded in favour of the applicant (E.T.)
Legal Topics
Relocation, Imputed Income, Section 7 Special Expenses, Tariff of Costs, Party and Party Costs, Maintenance Enforcement
Source Language
English
Family Law Child Custody and Access Child Support Costs and Procedure Relocation Imputed Income Section 7 Special Expenses Tariff of Costs +2 more

Case Brief

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Parties

E.T.

Applicant

T.C.

Respondent

Procedural Posture

Family Court Relocation, Custody and Child Support / Decision on Costs (written Decision)

Legal Issues

  1. 1 Whether the successful party should be awarded costs
  2. 2 Quantum and calculation method for costs (tariff application and rule of thumb)
  3. 3 Relevance of parties' conduct to costs

Ratio Decidendi

The mother was successful on almost all substantive issues and exhibited no conduct warranting denial or reduction of costs; settlement offers did not engage Rule 10.09; applying the rule-of-thumb ($20,000 per trial day) for two days yielded an amount involved of $40,000, Tariff A produced a calculated figure of $10,250 but the court exercised judicial discretion to award party-and-party costs at $8,000 payable forthwith by the father, collectible through Maintenance Enforcement if unpaid.

Court Disposition

Costs awarded in favour of the applicant (E.T.)

Orders

  • Award party-and-party costs to the applicant in the amount of CAD 8000 payable forthwith by the respondent
  • If unpaid, the costs are collectible and enforceable through the Maintenance Enforcement Program