H.H. v. M.W.

H.H. v. M.W.

The Jan 30, 2019 formal settlement offer including a draft Consent Variation Order constituted a clear and unequivocal offer, the applicant accepted that offer by email on Feb 7, 2019 and subsequently acted in accordance with the agreed terms; the parties therefore reached a binding agreement and the court will...

Source-derived case information.

Citation
2020 NSSC 122
Parties
Petitioner: H.H.; Respondent: M.W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 April 2020
Procedural Posture
Family Law Variation of Child and Spousal Support (consent Variation) / Decision (endorsement)
Outcome
The court finds there was a binding agreement; the respondent's draft Consent Variation Order filed with the Jan 30, 2019 offer shall be submitted, endorsed and issued by the court; costs submissions to be filed within one month.
Legal Topics
Consent Variation, Variation of Corollary Relief Order, Offer and Acceptance, Retroactive Support, Shared Parenting, Costs
Source Language
english
Family Law Child Support Spousal Support Contract/settlement Consent Variation Variation of Corollary Relief Order Offer and Acceptance Retroactive Support +2 more

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Parties

H.H.

Petitioner

M.W.

Respondent

Procedural Posture

Family Law Variation of Child and Spousal Support (consent Variation) / Decision (endorsement)

Legal Issues

  1. 1 Whether the parties reached a binding agreement to vary the Consent Corollary Relief Order
  2. 2 If an agreement was reached, what terms should be included in the Consent Variation Order
  3. 3 Whether the respondent's draft consent order attached to the Jan 30, 2019 offer accurately reflects the parties' agreement

Ratio Decidendi

The Jan 30, 2019 formal settlement offer including a draft Consent Variation Order constituted a clear and unequivocal offer, the applicant accepted that offer by email on Feb 7, 2019 and subsequently acted in accordance with the agreed terms; the parties therefore reached a binding agreement and the court will endorse and issue the draft Consent Variation Order attached to the respondent's Jan 30, 2019 offer.

Court Disposition

The court finds there was a binding agreement; the respondent's draft Consent Variation Order filed with the Jan 30, 2019 offer shall be submitted, endorsed and issued by the court; costs submissions to be filed within one month.

Orders

  • Counsel for M.W. shall submit the Consent Variation Order filed with the formal settlement offer on January 30, 2019 for endorsement and issuance by the court.
  • Counsel shall file any submissions with respect to costs electronically at scfamilyhfx@courts.ns.ca within one month of receipt of the decision.