J.D. v. G.S.

J.D. v. G.S.

Mother was the largely successful party on key issues (custody and weekend parenting); costs are discretionary under r.21.01 and Rule 77; where the amount involved is unclear the court applied the $20,000 per day rule, treated the matter as one day, applied Tariff A to derive $6,000, then reduced the award to $3,500 to reflect the father's partial successes and the mother's affidavit deficiencies and settlement posture; costs payable forthwith and enforceable through Maintenance Enforcement if unpaid.

Citation
2017 NSFC 33
Parties
Applicant (father): J.D.; Respondent (mother): G.S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
9 August 2017
Procedural Posture
Family Law Variation of Custody and Parenting Time / Decision on Costs Post Hearing
Outcome
Costs awarded to respondent (mother).
Legal Topics
Variation of Custody Order, Parenting Time, Costs Award, Tariff Application, Self Represented Litigant, Motions to Strike
Source Language
English
Family Law Civil Procedure Costs Variation of Custody Order Parenting Time Costs Award Tariff Application Self Represented Litigant +1 more

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Parties

J.D.

Applicant (father)

G.S.

Respondent (mother)

Procedural Posture

Family Law Variation of Custody and Parenting Time / Decision on Costs Post Hearing

Legal Issues

  1. 1 Whether costs should be awarded following a variation hearing
  2. 2 Determination of successful party and apportionment of success
  3. 3 How to determine the "amount involved" for application of Tariff A

Ratio Decidendi

Mother was the largely successful party on key issues (custody and weekend parenting); costs are discretionary under r.21.01 and Rule 77; where the amount involved is unclear the court applied the $20,000 per day rule, treated the matter as one day, applied Tariff A to derive $6,000, then reduced the award to $3,500 to reflect the father's partial successes and the mother's affidavit deficiencies and settlement posture; costs payable forthwith and enforceable through Maintenance Enforcement if unpaid.

Court Disposition

Costs awarded to respondent (mother).

Orders

  • Applicant to pay respondent party-and-party costs of $3,500 payable forthwith.
  • If the applicant fails to pay, the amount will be collectible and enforceable through the Maintenance Enforcement Program.