Soby v. Soby

Soby v. Soby

Costs were ordered in the cause because the application was interlocutory, the ultimate outcome remained uncertain (including an ordered views of the child report and possible changes to parenting arrangements), and it was therefore inappropriate to fix a lump sum award at this stage.

Citation
2012 BCSC 1911
Parties
Claimant: Jacqueline Ann Soby; Respondent: Stephen Soby
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 December 2012
Procedural Posture
Family Law Custody and Child Support / Interlocutory Application and Costs Determination After Settlement
Outcome
Costs of the application ordered in the cause.
Legal Topics
Child Custody, Child Support, Costs in Interlocutory Proceedings, Consent Orders, Use of Costs as Policy Instrument
Source Language
English
Family Law Civil Procedure Costs Law Child Custody Child Support Costs in Interlocutory Proceedings Consent Orders Use of Costs as Policy Instrument

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Parties

Jacqueline Ann Soby

Claimant

Stephen Soby

Respondent

Procedural Posture

Family Law Custody and Child Support / Interlocutory Application and Costs Determination After Settlement

Legal Issues

  1. 1 Whether costs should be awarded following a settlement of an interlocutory family law application
  2. 2 Whether a lump sum costs award is appropriate given claimed degree of success
  3. 3 Whether costs should be awarded in the cause because the ultimate outcome is uncertain

Ratio Decidendi

Costs were ordered in the cause because the application was interlocutory, the ultimate outcome remained uncertain (including an ordered views of the child report and possible changes to parenting arrangements), and it was therefore inappropriate to fix a lump sum award at this stage.

Court Disposition

Costs of the application ordered in the cause.

Orders

  • Costs of this application are in the cause.