K.F. v. M.C.

K.F. v. M.C.

Respondents E.L. and D.L. were successful when the applicant withdrew his variation application mid-hearing; applying Tariff A with the $20,000 per trial day rule produced a tariff calculation of $6,000, but the court exercised discretion to reduce the award to $4,000 in light of the mid-hearing withdrawal and the...

Source-derived case information.

Citation
2017 NSFC 3
Parties
Applicant: K.F.; Respondent: M.C.; Respondent: E.L.; Respondent: D.L.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
9 February 2017
Procedural Posture
Variation Application Re Custody/placement / Costs Determination Post Hearing
Outcome
Application dismissed as withdrawn; costs awarded to respondents E.L. and D.L. against applicant K.F.
Legal Topics
Custody and Access, Variation of Order, Costs Assessment, Tariff a, Child Support
Source Language
english
Family Law Child Protection Civil Procedure Costs Custody and Access Variation of Order Costs Assessment Tariff a Child Support

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Parties

K.F.

Applicant

M.C.

Respondent

E.L.

Respondent

D.L.

Respondent

Procedural Posture

Variation Application Re Custody/placement / Costs Determination Post Hearing

Legal Issues

  1. 1 Whether respondents are entitled to costs after applicant withdrew mid-hearing
  2. 2 Appropriate tariff and method to determine the "amount involved" for costs (Tariff A and $20,000/day rule)
  3. 3 Quantum of costs given mid-hearing withdrawal and applicant's financial circumstances

Ratio Decidendi

Respondents E.L. and D.L. were successful when the applicant withdrew his variation application mid-hearing; applying Tariff A with the $20,000 per trial day rule produced a tariff calculation of $6,000, but the court exercised discretion to reduce the award to $4,000 in light of the mid-hearing withdrawal and the applicant's asserted financial hardship; award payable by K.F. to E.L. and D.L. in monthly installments of $125 commencing March 1, 2017, with the unpaid balance due immediately upon failure to make a timely payment.

Court Disposition

Application dismissed as withdrawn; costs awarded to respondents E.L. and D.L. against applicant K.F.

Orders

  • K.F. to pay costs to E.L. and D.L. in the amount of $4,000
  • Payment schedule: $125 per month payable on the first day of each month commencing March 1, 2017 until paid in full