Nova Scotia (Community Services) v. A.C.

Nova Scotia (Community Services) v. A.C.

The Mother and the Husband pursued and repeatedly alleged abuse that was not substantiated by the Minister, prolonged the protection proceeding and imposed significant legal expense on the Father; accordingly the court exercised its discretion to award a lump sum of $10,000 jointly and severally against the Mother and the Husband because the Father's total costs could not be apportioned.

Citation
2015 NSSC 111
Parties
Applicant: MCS; Respondent: A.C.; Respondent: M.C.Jr.; Respondent: M.C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 April 2015
Procedural Posture
Children and Family Services Act Protection Proceeding / Costs Determination Following Disposition/termination
Outcome
Costs awarded to the Father in the amount of $10,000.00 against the Mother and the Husband jointly and severally; protection proceeding in respect of the older children terminated leaving them in the care of the Father; protection proceeding in respect of the younger children rolled over.
Legal Topics
Placement Hearing, Child Abuse Allegations, Jurisdiction to Review Minister Decision, Costs Award, Counselling Order, Termination of Protection Proceeding
Source Language
English
Family Law Child Protection Administrative Law Costs Placement Hearing Child Abuse Allegations Jurisdiction to Review Minister Decision Costs Award +2 more

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Parties

MCS

Applicant

A.C.

Respondent

M.C.Jr.

Respondent

M.C.

Respondent

Procedural Posture

Children and Family Services Act Protection Proceeding / Costs Determination Following Disposition/termination

Legal Issues

  1. 1 Whether the court had jurisdiction to determine abuse allegations and placement of the older children
  2. 2 Whether the Mother and the Husband's conduct in pursuing unproven allegations justified an award of costs against them
  3. 3 Whether a lump sum award was appropriate where legal costs could not be apportioned

Ratio Decidendi

The Mother and the Husband pursued and repeatedly alleged abuse that was not substantiated by the Minister, prolonged the protection proceeding and imposed significant legal expense on the Father; accordingly the court exercised its discretion to award a lump sum of $10,000 jointly and severally against the Mother and the Husband because the Father's total costs could not be apportioned.

Court Disposition

Costs awarded to the Father in the amount of $10,000.00 against the Mother and the Husband jointly and severally; protection proceeding in respect of the older children terminated leaving them in the care of the Father; protection proceeding in respect of the younger children rolled over.

Orders

  • Award costs of $10,000.00 payable by A.C. and the Husband jointly and severally to M.C.
  • Terminate the protection proceeding in respect of the older children and leave those children in the care of M.C.