F.D.F. v. R.F.

F.D.F. v. R.F.

Applying Rule 77 and the Costs and Fees Act tariff guidance, considering the application consumed one hour (within the tariff range for less than half-day hearings), and factoring in the expense caused by striking parts of the respondent's affidavit under Rule 39.04(5), the court awarded costs of $1,500 inclusive of disbursements to the applicant; the award balances tariff ranges, reasonableness of fees, and the respondent's unrepresented status without excusing Rule breaches.

Citation
2012 NSSC 208
Parties
Applicant: F.D.F.; Respondent: R.F.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 May 2012
Procedural Posture
Family (divorce/separation) / Application for Document Production; Costs Determination Following Adjourned Application
Outcome
Respondent ordered to pay applicant costs of $1,500.00 inclusive of disbursements; costs to be in the cause and may be added to or subtracted from costs awarded at trial.
Legal Topics
Document Production, Costs Awards, Affidavit Striking, Requests for Admissions
Source Language
English
Family Law Civil Procedure Costs Law Document Production Costs Awards Affidavit Striking Requests for Admissions

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Parties

F.D.F.

Applicant

R.F.

Respondent

Procedural Posture

Family (divorce/separation) / Application for Document Production; Costs Determination Following Adjourned Application

Legal Issues

  1. 1 Whether respondent should be ordered to produce documents requested by applicant
  2. 2 Whether portions of respondent's affidavit should be struck and indemnity awarded under Rule 39.04(5)
  3. 3 Whether costs should be awarded for the application and, if so, the appropriate quantum

Ratio Decidendi

Applying Rule 77 and the Costs and Fees Act tariff guidance, considering the application consumed one hour (within the tariff range for less than half-day hearings), and factoring in the expense caused by striking parts of the respondent's affidavit under Rule 39.04(5), the court awarded costs of $1,500 inclusive of disbursements to the applicant; the award balances tariff ranges, reasonableness of fees, and the respondent's unrepresented status without excusing Rule breaches.

Court Disposition

Respondent ordered to pay applicant costs of $1,500.00 inclusive of disbursements; costs to be in the cause and may be added to or subtracted from costs awarded at trial.

Orders

  • Respondent R.F. shall pay applicant F.D.F. costs, inclusive of disbursements, of $1,500.00.
  • The costs awarded are in the cause and may be added to or subtracted from costs awarded at trial.