McMullin (Crouse) v. Crouse

McMullin (Crouse) v. Crouse

The court found the applicant's Affidavit of Service established adequate notice, the respondent's affidavit was unconvincing and, because the respondent did not make himself available for the telephone conference or for cross-examination, his affidavit was struck; the applicant was awarded additional costs of $250, bringing total costs to $550 inclusive of disbursements.

Citation
2004 NSSF 51
Parties
Petitioner: Catherine Anne McMullin (Crouse); Respondent: Ross Letson Crouse
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 May 2004
Procedural Posture
Family Law / Supplementary Decision on Costs (post Judgment)
Outcome
Respondent's affidavit struck; applicant awarded additional costs.
Legal Topics
Service of Process, Affidavit of Service, Affidavit Struck, Costs Award, Telephone Conference
Source Language
English
Family Law Civil Procedure Costs Service of Process Affidavit of Service Affidavit Struck Costs Award Telephone Conference

Case Brief

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Parties

Catherine Anne McMullin (Crouse)

Petitioner

Ross Letson Crouse

Respondent

Procedural Posture

Family Law / Supplementary Decision on Costs (post Judgment)

Legal Issues

  1. 1 Whether the respondent received adequate notice of the hearing (service)
  2. 2 Whether the respondent's affidavit alleging lack of service should be accepted without viva voce cross-examination
  3. 3 Whether the applicant is entitled to additional costs for time spent preparing for a telephone conference

Ratio Decidendi

The court found the applicant's Affidavit of Service established adequate notice, the respondent's affidavit was unconvincing and, because the respondent did not make himself available for the telephone conference or for cross-examination, his affidavit was struck; the applicant was awarded additional costs of $250, bringing total costs to $550 inclusive of disbursements.

Court Disposition

Respondent's affidavit struck; applicant awarded additional costs.

Orders

  • Respondent's affidavit is struck.
  • Applicant is awarded additional costs of $250.00; total costs awarded $550.00 inclusive of disbursements.