Moore v. Moore

Moore v. Moore

Tariff A applies; the court assessed the amount involved at $110,000.00, yielding Scale 2 base costs of $12,250.00; adding $2,000.00 per day for 5.5 days produced an additional $11,000.00 for a total costs award of $23,250.00. There was no principled authority or sufficient rationale to authorize offsetting that costs award against ongoing spousal support, so the request for set-off was denied and the successful party was awarded $23,250.00 in costs.

Citation
2013 NSSC 281
Parties
Petitioner/ Respondent Herein: Barry Allan Moore; Respondent/applicant Herein: Christine Anne Moore
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 September 2013
Procedural Posture
Family Variation Application / Costs Determination Post Variation Hearing
Outcome
Costs awarded to applicant (Allan Moore); request to offset costs against spousal support denied.
Legal Topics
Spousal Support, Child Custody and Access, Variation, Costs, Set Off
Source Language
English
Family Law Civil Procedure Tax Spousal Support Child Custody and Access Variation Costs Set Off

Case Brief

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Parties

Barry Allan Moore

Petitioner/ Respondent Herein

Christine Anne Moore

Respondent/applicant Herein

Procedural Posture

Family Variation Application / Costs Determination Post Variation Hearing

Legal Issues

  1. 1 Appropriate tariff and calculation of party-and-party costs for a family variation application
  2. 2 Whether Tariff A applies to family division variation applications and how to determine the 'amount involved' for non-monetary disputes
  3. 3 Whether an award of costs may be set off against ongoing spousal support obligations

Ratio Decidendi

Tariff A applies; the court assessed the amount involved at $110,000.00, yielding Scale 2 base costs of $12,250.00; adding $2,000.00 per day for 5.5 days produced an additional $11,000.00 for a total costs award of $23,250.00. There was no principled authority or sufficient rationale to authorize offsetting that costs award against ongoing spousal support, so the request for set-off was denied and the successful party was awarded $23,250.00 in costs.

Court Disposition

Costs awarded to applicant (Allan Moore); request to offset costs against spousal support denied.

Orders

  • Request to offset costs against spousal support payments dismissed.
  • Ms. Moore to pay Mr. Moore costs of $23,250.00.