Bezanson v. Troop

Bezanson v. Troop

The Mother was the more successful party, the Father materially prolonged the proceeding by failing to disclose financial information and refusing agreement on clear issues, the hearing resembled a trial so Tariff A principles apply but the Mother also prolonged the matter; accordingly a low-end Tariff A award is appropriate and the Respondent must pay costs of $7,000 inclusive.

Citation
2017 NSSC 285
Parties
Applicant (mother): Kimberley Anne Bezanson; Respondent (father): Todd Stephen Troop
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 June 2017
Procedural Posture
Family Law Child Support and Parenting / Costs Application After Hearing on Retroactive Child Support, S.7 Expenses and Income Disclosure
Outcome
Costs awarded to Applicant (Mother) following the costs application.
Legal Topics
S.7 Special Expenses, Retroactive Child Support, Parental Financial Disclosure, Shared Parenting, Costs Tariffs (tariff a Vs Tariff C)
Source Language
English
Family Law Child Support Costs S.7 Special Expenses Retroactive Child Support Parental Financial Disclosure Shared Parenting Costs Tariffs (tariff a Vs Tariff C)

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Parties

Kimberley Anne Bezanson

Applicant (mother)

Todd Stephen Troop

Respondent (father)

Procedural Posture

Family Law Child Support and Parenting / Costs Application After Hearing on Retroactive Child Support, S.7 Expenses and Income Disclosure

Legal Issues

  1. 1 What is the appropriate award of costs?
  2. 2 Whether solicitor and client costs are warranted
  3. 3 Whether to apply Tariff A or Tariff C

Ratio Decidendi

The Mother was the more successful party, the Father materially prolonged the proceeding by failing to disclose financial information and refusing agreement on clear issues, the hearing resembled a trial so Tariff A principles apply but the Mother also prolonged the matter; accordingly a low-end Tariff A award is appropriate and the Respondent must pay costs of $7,000 inclusive.

Court Disposition

Costs awarded to Applicant (Mother) following the costs application.

Orders

  • Respondent Todd Stephen Troop shall pay costs to Applicant Kimberley Anne Bezanson in the amount of $7,000.00 inclusive of disbursements.