J.W.L. v. C.B.M.

J.W.L. v. C.B.M.

The Husband is entitled to costs because his June 29, 2007 offer (Option A) was reasonable and materially similar to the court's award; awarding costs in these circumstances promotes settlement and reasonable bargaining in family law disputes. The quantum of costs is to be determined pursuant to Civil Procedure Rule...

Source-derived case information.

Citation
2008 NSSC 278
Parties
Petitioner: L. (J. W.); Respondent: M. (C. B.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 September 2008
Procedural Posture
Matrimonial Property / Divorce (family Division) / Post Trial Costs Determination
Outcome
Costs awarded to the Husband (Petitioner); quantum to be determined pursuant to Civil Procedure Rule 63.04.
Legal Topics
Offer to Settle, Reasonableness of Bargaining Position, Costs Discretion, Spousal Support, Division of Assets
Source Language
english
Family Law Matrimonial Property Civil Procedure Cost Awards Offer to Settle Reasonableness of Bargaining Position Costs Discretion Spousal Support +1 more

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Parties

L. (J. W.)

Petitioner

M. (C. B.)

Respondent

Procedural Posture

Matrimonial Property / Divorce (family Division) / Post Trial Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded based on pre-trial settlement offers
  2. 2 Whether the Husband's offer was reasonable compared to the trial outcome
  3. 3 How Civil Procedure Rules governing offers and costs apply to family law disputes

Ratio Decidendi

The Husband is entitled to costs because his June 29, 2007 offer (Option A) was reasonable and materially similar to the court's award; awarding costs in these circumstances promotes settlement and reasonable bargaining in family law disputes. The quantum of costs is to be determined pursuant to Civil Procedure Rule 63.04 by written submissions or a short hearing as ordered.

Court Disposition

Costs awarded to the Husband (Petitioner); quantum to be determined pursuant to Civil Procedure Rule 63.04.

Orders

  • Husband to file and serve written submissions on quantum within 20 working days of decision if parties agree to written submissions
  • Wife to file and serve written submissions within 15 working days of receipt of Husband's submissions