Zinck v. Fraser

Zinck v. Fraser

Although the father was largely successful and entitled to costs in principle, the court limited relief to taxable disbursements of $704 because (1) the Court of Appeal already ordered $2,000 in costs, (2) the mother's very limited financial means and minimal likelihood of recovery made any further award meaningless and likely unenforceable, and (3) the court must discourage vexatious litigation while recognizing enforcement realities.

Citation
2006 NSSC 357
Parties
Applicant/respondent: Crystal Zinck; Respondent/applicant: Steven Fraser
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 November 2006
Procedural Posture
Family Law Child Custody and Mobility / Costs Assessment Following Trial and Appeal
Outcome
Mother ordered to pay father's trial disbursements of $704; no further trial costs awarded by this court given prior Court of Appeal award of $2,000 and limited enforceability.
Legal Topics
Mobility Application, Primary Residence Change, Joint Custody, Access, Consent Order, Appeal, Costs Assessment
Source Language
English
Family Law Child Custody Mobility/relocation Costs and Disbursements Mobility Application Primary Residence Change Joint Custody Access +3 more

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Parties

Crystal Zinck

Applicant/respondent

Steven Fraser

Respondent/applicant

Procedural Posture

Family Law Child Custody and Mobility / Costs Assessment Following Trial and Appeal

Legal Issues

  1. 1 Whether the mother's mobility application should be allowed
  2. 2 Whether primary residence of the child should be changed to the father
  3. 3 Appropriate custody arrangement (sole v. joint custody)

Ratio Decidendi

Although the father was largely successful and entitled to costs in principle, the court limited relief to taxable disbursements of $704 because (1) the Court of Appeal already ordered $2,000 in costs, (2) the mother's very limited financial means and minimal likelihood of recovery made any further award meaningless and likely unenforceable, and (3) the court must discourage vexatious litigation while recognizing enforcement realities.

Court Disposition

Mother ordered to pay father's trial disbursements of $704; no further trial costs awarded by this court given prior Court of Appeal award of $2,000 and limited enforceability.

Orders

  • Mother to pay father's disbursements: filing fees $352.00, photocopying $314.50, service of documents $37.50, total $704.00
  • No additional award of trial costs beyond disbursements by this court due to prior Court of Appeal costs order and likelihood of non‑enforceability