Cunningham v. Cunningham

Cunningham v. Cunningham

The court exercised its discretion under Civil Procedure Rule 77 and declined to award costs because success at trial was materially divided between the parties on major issues and the respondent did not provide evidence to substantiate her claim that denial of costs would impair her ability to care for the child.

Source-derived case information.

Citation
2012 NSSC 134
Parties
Petitioner: Michael Anthony Cunningham; Respondent: Nancy Kathleen Cunningham
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 April 2012
Procedural Posture
Family Law (custody, Support, Property Division) / Costs Decision (post Trial)
Outcome
No costs awarded; each party to bear their own costs.
Legal Topics
Custody, Child Support, Spousal Support, Division of Marital Property, Imputation of Income, Costs
Source Language
english
Family Law Civil Procedure Costs and Fees Custody Child Support Spousal Support Division of Marital Property Imputation of Income +1 more

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Parties

Michael Anthony Cunningham

Petitioner

Nancy Kathleen Cunningham

Respondent

Procedural Posture

Family Law (custody, Support, Property Division) / Costs Decision (post Trial)

Legal Issues

  1. 1 Whether to award costs following a divided-success trial
  2. 2 Allocation of success between the parties
  3. 3 Imputation of income for child support

Ratio Decidendi

The court exercised its discretion under Civil Procedure Rule 77 and declined to award costs because success at trial was materially divided between the parties on major issues and the respondent did not provide evidence to substantiate her claim that denial of costs would impair her ability to care for the child.

Court Disposition

No costs awarded; each party to bear their own costs.

Orders

  • Each party shall bear their own costs.