Peraud v. Peraud

Peraud v. Peraud

Court exercised discretion under Rule 77 to award lump sum costs of $5,500.00 to the successful applicant because the interim adjournment did not justify denying costs, the respondent's bankruptcy did not establish a precarious financial position warranting reduction, and the application was not novel under Miglin; the award compensates part of the applicant's litigation expenses and accounts for needlessly incurred expense.

Citation
2011 NSSC 80
Parties
Petitioner: Shelly Anne Peraud; Respondent: Pascal Michel Peraud
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 February 2011
Procedural Posture
Spousal Support (family Law) / Costs Application/assessment After Spousal Support Decision
Outcome
Costs awarded to Shelly Anne Peraud in the lump sum amount of $5,500.00 inclusive of fees, disbursements and taxes.
Legal Topics
Spousal Support, Costs, Civil Procedure Rule 77, Separation Agreement, Adjournment, Deductibility of Legal Fees, Tariff Costs, Miglin Analysis
Source Language
English
Family Law Civil Procedure Bankruptcy/ Insolvency Tax Law Spousal Support Costs Civil Procedure Rule 77 Separation Agreement +4 more

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Parties

Shelly Anne Peraud

Petitioner

Pascal Michel Peraud

Respondent

Procedural Posture

Spousal Support (family Law) / Costs Application/assessment After Spousal Support Decision

Legal Issues

  1. 1 Entitlement to costs following successful spousal support application
  2. 2 Appropriate quantum of costs and tariff variation under Rule 77
  3. 3 Whether an interim adjournment caused needless expense justifying reduction

Ratio Decidendi

Court exercised discretion under Rule 77 to award lump sum costs of $5,500.00 to the successful applicant because the interim adjournment did not justify denying costs, the respondent's bankruptcy did not establish a precarious financial position warranting reduction, and the application was not novel under Miglin; the award compensates part of the applicant's litigation expenses and accounts for needlessly incurred expense.

Court Disposition

Costs awarded to Shelly Anne Peraud in the lump sum amount of $5,500.00 inclusive of fees, disbursements and taxes.

Orders

  • Applicant Shelly Anne Peraud is awarded costs against Pascal Michel Peraud in the lump sum amount of $5,500.00, inclusive of fees, disbursements and HST.