Gagnon v. Gagnon

Gagnon v. Gagnon

The court awarded the Respondent costs of $13,500 because he was the successful party, he had made a settlement proposal similar to the judgment, the matter was a four-day proceeding allowing application of the tariff and the $20,000 per day rule of thumb, the Mother's criticisms and limited means did not justify...

Source-derived case information.

Citation
2012 NSSC 137
Parties
Applicant/petitioner: Lori-Ann Marlin Gagnon; Respondent: Robert Ronald Gagnon
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 April 2012
Procedural Posture
Family / Costs Application (post Trial)
Outcome
Costs awarded to Respondent Robert Ronald Gagnon in the amount of $13,500; payment terms not ordered by the court
Legal Topics
Costs, Tariff of Costs, Settlement Offers, Disclosure, Ability to Pay
Source Language
english
Family Law Civil Procedure Child Support Costs Tariff of Costs Settlement Offers Disclosure Ability to Pay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lori-Ann Marlin Gagnon

Applicant/petitioner

Robert Ronald Gagnon

Respondent

Procedural Posture

Family / Costs Application (post Trial)

Legal Issues

  1. 1 Whether the successful party is entitled to costs
  2. 2 Appropriate quantum of costs in family proceedings
  3. 3 Weight to be given to a prior settlement offer

Ratio Decidendi

The court awarded the Respondent costs of $13,500 because he was the successful party, he had made a settlement proposal similar to the judgment, the matter was a four-day proceeding allowing application of the tariff and the $20,000 per day rule of thumb, the Mother's criticisms and limited means did not justify denying or drastically reducing costs, and delays by the parties did not materially prejudice the outcome; payment terms were left to the parties to negotiate as the court declined to order terms.

Court Disposition

Costs awarded to Respondent Robert Ronald Gagnon in the amount of $13,500; payment terms not ordered by the court

Orders

  • Award costs to Respondent Robert Ronald Gagnon in the amount of 13500.00 CAD
  • Costs are approximately one half of the Respondent's legal account