Bruce v. Ramey

Bruce v. Ramey

The court found Ms. Bruce to be the more successful party overall on key issues and exercised its discretion under Rule 77 to fix a costs award. The respondent's incomplete disclosure and lack of candor increased expense and justified a substantial costs award. Balancing mixed success and tariff guidance, the court awarded a lumped costs amount of $30,000 inclusive of HST and disbursements to reflect justice between the parties.

Citation
2017 NSSC 60
Parties
Petitioner: Alexandra Margaret Bruce; Respondent: Gary Anthony Ramey
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 March 2017
Procedural Posture
Matrimonial Property and Spousal Support (family Law) / Costs Assessment After Trial and Corollary Relief Order
Outcome
Costs awarded to Petitioner Alexandra Margaret Bruce
Legal Topics
Costs, Spousal Support, Matrimonial Property, Disclosure, Offers to Settle, Tariff a, Corollary Relief
Source Language
English
Family Law Civil Procedure Costs Spousal Support Matrimonial Property Disclosure Offers to Settle Tariff a +1 more

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Parties

Alexandra Margaret Bruce

Petitioner

Gary Anthony Ramey

Respondent

Procedural Posture

Matrimonial Property and Spousal Support (family Law) / Costs Assessment After Trial and Corollary Relief Order

Legal Issues

  1. 1 Which party was the more successful party for costs purposes
  2. 2 Appropriate quantum and method of assessing costs under Rule 77 and the Costs and Fees Act tariffs
  3. 3 Whether to apply tariff amounts or a lump sum

Ratio Decidendi

The court found Ms. Bruce to be the more successful party overall on key issues and exercised its discretion under Rule 77 to fix a costs award. The respondent's incomplete disclosure and lack of candor increased expense and justified a substantial costs award. Balancing mixed success and tariff guidance, the court awarded a lumped costs amount of $30,000 inclusive of HST and disbursements to reflect justice between the parties.

Court Disposition

Costs awarded to Petitioner Alexandra Margaret Bruce

Orders

  • Respondent Gary Anthony Ramey shall pay costs of $30,000 to Petitioner Alexandra Margaret Bruce inclusive of HST and disbursements