M.A.B. v. L.A.B.

M.A.B. v. L.A.B.

Because the Mother succeeded at trial and had made settlement offers more favourable to the Father than the judgment, and because the Father's claimed inability to pay did not justify denying costs, the Court awarded costs totalling $10,250 with payment structured to mitigate immediate hardship (partial collection through Maintenance Enforcement Program).

Citation
2013 NSSC 122
Parties
Petitioner: M.A.B.; Respondent: L.A.B.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 April 2013
Procedural Posture
Family Law Child Support and Costs / Post Trial Costs Determination
Outcome
Costs awarded to the Petitioner (Mother) in the total amount of $10,250 with specified payment terms.
Legal Topics
Child Support, Costs, Offers to Settle, Maintenance Enforcement
Source Language
English
Family Law Civil Procedure Child Support Costs Offers to Settle Maintenance Enforcement

Case Brief

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Parties

M.A.B.

Petitioner

L.A.B.

Respondent

Procedural Posture

Family Law Child Support and Costs / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the successful party should be awarded costs
  2. 2 Appropriate quantum of costs and application of tariff and rule of thumb
  3. 3 Impact of Offer to Settle/Civil Procedure Rule 10 on costs

Ratio Decidendi

Because the Mother succeeded at trial and had made settlement offers more favourable to the Father than the judgment, and because the Father's claimed inability to pay did not justify denying costs, the Court awarded costs totalling $10,250 with payment structured to mitigate immediate hardship (partial collection through Maintenance Enforcement Program).

Court Disposition

Costs awarded to the Petitioner (Mother) in the total amount of $10,250 with specified payment terms.

Orders

  • Father to pay costs to the Mother in the amount of $3,000.00 relating solely to the portion of her application requesting ongoing and retroactive child support; this amount is to be paid in installments of $100.00 per month, payable to the Mother through the Maintenance Enforcement Program until paid in full.
  • Father to pay costs to the Mother in the amount of $7,250.00 for the balance of her cost award.