Gardiner v. Gardiner

Gardiner v. Gardiner

The court withheld costs from the successful Petitioner because the trial judge found significant credibility failings and conduct that unnecessarily lengthened the proceedings; under the discretionary framework of the Civil Procedure Rules and relevant case law those factors justified denying costs, rendering consideration of the offers unnecessary to the outcome.

Citation
2002 NSSF 47
Parties
Petitioner: Cheryl Lynn Gardiner; Respondent: Gregory Alan Gardiner
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 October 2002
Procedural Posture
Divorce / Matrimonial Cause / Costs Decision Post Trial
Outcome
Petitioner denied costs.
Legal Topics
Offers to Settle, Discretionary Costs, Credibility and Vexatious Conduct, In Loco Parentis
Source Language
English
Family Law Civil Procedure Costs Child Support Matrimonial Property Offers to Settle Discretionary Costs Credibility and Vexatious Conduct +1 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 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cheryl Lynn Gardiner

Petitioner

Gregory Alan Gardiner

Respondent

Procedural Posture

Divorce / Matrimonial Cause / Costs Decision Post Trial

Legal Issues

  1. 1 Whether the successful petitioner is entitled to costs
  2. 2 Whether offers to settle under the Civil Procedure Rules affect costs
  3. 3 Whether the petitioner’s credibility and conduct warranted denial of costs

Ratio Decidendi

The court withheld costs from the successful Petitioner because the trial judge found significant credibility failings and conduct that unnecessarily lengthened the proceedings; under the discretionary framework of the Civil Procedure Rules and relevant case law those factors justified denying costs, rendering consideration of the offers unnecessary to the outcome.

Court Disposition

Petitioner denied costs.

Orders

  • No costs awarded to the Petitioner; parties to bear their own costs.