Risk v. Risk

Risk v. Risk

Because the Petitioner repeatedly failed to comply with disclosure obligations and caused protracted delay while the Respondent was substantially successful, the court exercised its discretion to award costs of $50,000 inclusive of disbursements, with $25,000 specifically allocated to the spousal support portion of...

Source-derived case information.

Citation
2014 NSSC 248
Parties
Petitioner: Michael Jacob Risk; Respondent: Lissa Colleen Risk
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 April 2014
Procedural Posture
Divorce (family Law) / Decision on Costs
Outcome
Petitioner ordered to pay Respondent costs of $50,000 inclusive of disbursements; $25,000 of that award is allocated to spousal support; failure to pay may lead to contempt or other enforcement proceedings.
Legal Topics
Spousal Support, Disclosure, Costs Award, Contempt, Pre Trial Disclosure
Source Language
english
Family Law Divorce Civil Procedure Costs Spousal Support Disclosure Costs Award Contempt +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Jacob Risk

Petitioner

Lissa Colleen Risk

Respondent

Procedural Posture

Divorce (family Law) / Decision on Costs

Legal Issues

  1. 1 Entitlement to costs after trial
  2. 2 Effect of persistent non-compliance with disclosure orders
  3. 3 Appropriate quantum of costs given delay and partial success

Ratio Decidendi

Because the Petitioner repeatedly failed to comply with disclosure obligations and caused protracted delay while the Respondent was substantially successful, the court exercised its discretion to award costs of $50,000 inclusive of disbursements, with $25,000 specifically allocated to the spousal support portion of the proceeding under the Lockerby approach.

Court Disposition

Petitioner ordered to pay Respondent costs of $50,000 inclusive of disbursements; $25,000 of that award is allocated to spousal support; failure to pay may lead to contempt or other enforcement proceedings.

Orders

  • Petitioner shall pay Respondent costs in the amount of $50,000.00 inclusive of disbursements.
  • $25,000.00 of the costs award is allocated to the spousal support portion of the proceeding in accordance with Lockerby v. Lockerby [2011] N.S.J. No. 131.