H.G. v. R.G.

H.G. v. R.G.

The October 4, 2013 offer was reasonable, clear, and more favourable to the respondent than the eventual judgment; the respondent had adequate time and information to accept and failed to obtain counsel despite encouragement; given his superior financial position and blameworthy conduct the claimant was entitled to...

Source-derived case information.

Citation
2014 BCSC 273
Parties
Claimant: H.G.; Respondent: R.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2014
Procedural Posture
Family Law Child Support and Custody / Costs Application (post Hearing)
Outcome
Claimant awarded double costs for all steps after October 4, 2013; costs fixed at $5,000 inclusive of taxes and disbursements, payable forthwith and enforceable under the Family Maintenance Enforcement Program.
Legal Topics
Child Support Variation, Retroactive Child Support, Offers to Settle, Double Costs, Family Maintenance Enforcement
Source Language
english
Family Law Child Support Costs Civil Procedure Child Support Variation Retroactive Child Support Offers to Settle Double Costs +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

H.G.

Claimant

R.G.

Respondent

Procedural Posture

Family Law Child Support and Custody / Costs Application (post Hearing)

Legal Issues

  1. 1 Whether the respondent ought reasonably to have accepted the claimant's written offer to settle delivered October 4, 2013
  2. 2 Whether double costs should be awarded pursuant to Rule 11-1 and Rule 11-5 of the Supreme Court Family Rules
  3. 3 Proper measure and timing of retroactive child support under the Federal Child Support Guidelines

Ratio Decidendi

The October 4, 2013 offer was reasonable, clear, and more favourable to the respondent than the eventual judgment; the respondent had adequate time and information to accept and failed to obtain counsel despite encouragement; given his superior financial position and blameworthy conduct the claimant was entitled to double costs from October 4, 2013, fixed at $5,000 payable forthwith and enforceable under FMEP.

Court Disposition

Claimant awarded double costs for all steps after October 4, 2013; costs fixed at $5,000 inclusive of taxes and disbursements, payable forthwith and enforceable under the Family Maintenance Enforcement Program.

Orders

  • Double costs awarded from October 4, 2013 for all steps taken after that date
  • Costs fixed at $5,000 inclusive of taxes and disbursements, payable forthwith