LL v. KS

LL v. KS

The father was the more successful litigant because he won on the central contested issue of shared parenting; because the critical issue was non-monetary the rule of thumb approach could not be applied and settlement conference proposals could not be considered; exercising discretion under Rule 77 and weighing success, reasonable fees, and mitigating factors, a principled lump sum costs award of $7,500 was appropriate, payable $200 per month.

Citation
2021 NSSC 172
Parties
Applicant: LL; Respondent: KS
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 May 2021
Procedural Posture
Family Law Parenting and Child Support / Costs Decision Following Three Day Trial and Written Decision
Outcome
Mother ordered to pay father costs in the amount of $7,500, payable at $200 per month until paid in full.
Legal Topics
Shared Parenting, Retroactive Child Support, Section 7 Expenses, Parental Capacity Assessment, Costs Award, Settlement Conference Admissibility
Source Language
English
Family Law Child Support Parenting Orders Costs Shared Parenting Retroactive Child Support Section 7 Expenses Parental Capacity Assessment +2 more

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Parties

LL

Applicant

KS

Respondent

Procedural Posture

Family Law Parenting and Child Support / Costs Decision Following Three Day Trial and Written Decision

Legal Issues

  1. 1 Whether the father was the more successful litigant
  2. 2 What quantum of costs is appropriate under Rule 77
  3. 3 Whether settlement conference offers may be considered in costs submissions

Ratio Decidendi

The father was the more successful litigant because he won on the central contested issue of shared parenting; because the critical issue was non-monetary the rule of thumb approach could not be applied and settlement conference proposals could not be considered; exercising discretion under Rule 77 and weighing success, reasonable fees, and mitigating factors, a principled lump sum costs award of $7,500 was appropriate, payable $200 per month.

Court Disposition

Mother ordered to pay father costs in the amount of $7,500, payable at $200 per month until paid in full.

Orders

  • Mother to pay father costs in the amount of $7,500
  • Costs to be paid in monthly installments of $200 until the award is paid in full