Dimick v. Dimick

Dimick v. Dimick

The court held the Petitioner was entitled to costs because he was largely successful on the substantive issues, including preservation of the Separation Agreement, but reduced the quantum to avoid impoverishing the Respondent and jeopardizing her ability to meet the children’s needs; accordingly awarded fixed costs...

Source-derived case information.

Citation
2009 NSSC 172
Parties
Petitioner: Jon MacPee Dimick; Respondent: Vicki Lynn Dimick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 May 2009
Procedural Posture
Divorce / Matrimonial Cause / Post Trial Costs Application and Judgment
Outcome
Costs awarded to Petitioner
Legal Topics
Separation Agreement Enforceability, Domestic Contracts (miglin/hartshorne), Imputed Income, Section 7 Expenses, Costs Awards and Tariffs, Best Interests of the Child, Laches
Source Language
english
Family Law Matrimonial Property Child Support Civil Procedure Costs Separation Agreement Enforceability Domestic Contracts (miglin/hartshorne) Imputed Income +4 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jon MacPee Dimick

Petitioner

Vicki Lynn Dimick

Respondent

Procedural Posture

Divorce / Matrimonial Cause / Post Trial Costs Application and Judgment

Legal Issues

  1. 1 Whether successful party (Petitioner) is entitled to costs
  2. 2 Quantum of costs in family law given parties' financial positions and children's best interests
  3. 3 Whether Separation Agreement and Minutes of Settlement were void or unenforceable

Ratio Decidendi

The court held the Petitioner was entitled to costs because he was largely successful on the substantive issues, including preservation of the Separation Agreement, but reduced the quantum to avoid impoverishing the Respondent and jeopardizing her ability to meet the children’s needs; accordingly awarded fixed costs of $15,000 and disbursements of $8,592.17 (the latter subject to affidavit proof).

Court Disposition

Costs awarded to Petitioner

Orders

  • Petitioner awarded costs in the amount of $15,000.00
  • Petitioner awarded disbursements in the amount of $8,592.17 subject to filing an affidavit substantiating those disbursements