Doyle v. Doyle

Doyle v. Doyle

No clear overall winner; because the petitioner was primarily successful on the child access issue (the matter of greatest concern to the court) but not on significant monetary issues, the court exercised discretion under CPR 77 to depart from a full Tariff A award and awarded a lump sum of $4,000 to the petitioner to do justice between the parties.

Citation
2018 NSSC 34
Parties
Petitioner: Charlene Dianne Doyle; Respondent: Perry Rodger Doyle
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 February 2018
Procedural Posture
Divorce / Costs Decision (post Trial)
Outcome
Costs awarded to petitioner Charlene Dianne Doyle in the lump sum amount of $4,000.
Legal Topics
Supervised Access (sae Program), Section 7 Expenses, Gross Up of Tax Free Workers' Compensation, Equalization Payment, Civil Procedure Rule 77 (costs), Tariff a Costs Scales
Source Language
English
Family Law Child Custody and Access Child Support Property Division Costs Supervised Access (sae Program) Section 7 Expenses Gross Up of Tax Free Workers' Compensation +3 more

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Parties

Charlene Dianne Doyle

Petitioner

Perry Rodger Doyle

Respondent

Procedural Posture

Divorce / Costs Decision (post Trial)

Legal Issues

  1. 1 Whether supervised access under the SAE Program should continue and in what form
  2. 2 Calculation of retroactive and prospective child support including gross-up of tax-free workers' compensation
  3. 3 Allocation and allowance of s.7 child-related expenses

Ratio Decidendi

No clear overall winner; because the petitioner was primarily successful on the child access issue (the matter of greatest concern to the court) but not on significant monetary issues, the court exercised discretion under CPR 77 to depart from a full Tariff A award and awarded a lump sum of $4,000 to the petitioner to do justice between the parties.

Court Disposition

Costs awarded to petitioner Charlene Dianne Doyle in the lump sum amount of $4,000.

Orders

  • Respondent Perry Rodger Doyle shall pay petitioner Charlene Dianne Doyle a lump sum of $4,000 in costs.