Hamilton v. Hamilton

Hamilton v. Hamilton

Because the duration and quantum of support obligations were indeterminate, the court applied the $20,000 per day rule of thumb to fix the amount involved (three-day trial = $66,000), applied Tariff A which yields costs of $9,750, found no reason to depart from the tariff, and ordered the respondent to pay the petitioner $9,750 forthwith.

Citation
2010 NSSC 381
Parties
Petitioner: Lisa Elaine Hamilton; Respondent: Robert Michael Hamilton
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 October 2010
Procedural Posture
Divorce (family Division) / Post Trial Costs Determination
Outcome
Costs awarded to petitioner
Legal Topics
Spousal Support, Child Support, Costs and Tariffs, Income Determination, Deductibility of Legal Fees
Source Language
English
Family Law Civil Procedure Taxation Spousal Support Child Support Costs and Tariffs Income Determination Deductibility of Legal Fees

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Parties

Lisa Elaine Hamilton

Petitioner

Robert Michael Hamilton

Respondent

Procedural Posture

Divorce (family Division) / Post Trial Costs Determination

Legal Issues

  1. 1 Entitlement to costs for successful party
  2. 2 Quantification of the 'amount involved' for applying tariff A
  3. 3 Use of the $20,000 per day rule of thumb when amount involved is indeterminate

Ratio Decidendi

Because the duration and quantum of support obligations were indeterminate, the court applied the $20,000 per day rule of thumb to fix the amount involved (three-day trial = $66,000), applied Tariff A which yields costs of $9,750, found no reason to depart from the tariff, and ordered the respondent to pay the petitioner $9,750 forthwith.

Court Disposition

Costs awarded to petitioner

Orders

  • Respondent shall pay petitioner costs (inclusive of disbursements) of $9,750.00 forthwith