S.D. v. J.H.

S.D. v. J.H.

Because Mr. H succeeded on the severed relocation application, Ms. D’s position was found not reasonable, there was no evidence she sought or qualified for protection under Rule 77.04 or that an award would cause financial hardship, and the Civil Procedure Rules permit costs to follow the result, the court awarded...

Source-derived case information.

Citation
2019 NSSC 267
Parties
Applicant: S.D.; Respondent: J.H.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 September 2019
Procedural Posture
Family Division Variation/relocation / Costs Endorsement After Hearing on Severed Relocation Application
Outcome
J.H. is entitled to costs of $4,000.00 on the severed relocation portion of his application; ultimate costs and date for payment reserved pending determination of the remainder of the variation application.
Legal Topics
Relocation, Variation of Parenting, Costs Awards, Best Interests of the Child
Source Language
english
Family Law Costs Child Custody Relocation Variation of Parenting Costs Awards Best Interests of the Child

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Parties

S.D.

Applicant

J.H.

Respondent

Procedural Posture

Family Division Variation/relocation / Costs Endorsement After Hearing on Severed Relocation Application

Legal Issues

  1. 1 Whether costs should be awarded for the severed relocation application
  2. 2 Whether the mother’s position was reasonable
  3. 3 Whether the applicant sought protection from costs under Rule 77.04

Ratio Decidendi

Because Mr. H succeeded on the severed relocation application, Ms. D’s position was found not reasonable, there was no evidence she sought or qualified for protection under Rule 77.04 or that an award would cause financial hardship, and the Civil Procedure Rules permit costs to follow the result, the court awarded J.H. costs of $4,000 for this portion of the application and reserved ultimate costs and payment date pending resolution of the remainder of the variation application.

Court Disposition

J.H. is entitled to costs of $4,000.00 on the severed relocation portion of his application; ultimate costs and date for payment reserved pending determination of the remainder of the variation application.

Orders

  • J.H. is entitled to costs of $4,000.00 on this portion of his application.
  • Ultimate costs and the date for payment will be fixed after the remainder of Mr. H’s variation application has been determined.