Kalkman v. Beveridge

Kalkman v. Beveridge

Costs are assessed by issue with Tariff A as the starting point but adjusted under CPR 77.07 to reflect divided success and conduct; because the respondent was substantially successful on the property issues though there was mixed success overall, a lump sum costs award of $25,000.00 inclusive is appropriate to reflect the extent of his success and to do justice between the parties.

Citation
2018 NSSC 178
Parties
Petitioner: Cinda Lee Kalkman; Respondent: William Kellock Beveridge
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 July 2018
Procedural Posture
Divorce / Cost Decision
Outcome
Respondent awarded lump sum costs of $25,000.00 inclusive
Legal Topics
Spousal Support Quantum and Duration, Equalization of Net Family Property, Interim Spousal Support, Offers to Settle (cpr 10), Costs Assessment and Tariff a, Disclosure and Production
Source Language
English
Family Law Matrimonial Property Spousal Support Civil Procedure Costs Spousal Support Quantum and Duration Equalization of Net Family Property Interim Spousal Support +3 more

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Parties

Cinda Lee Kalkman

Petitioner

William Kellock Beveridge

Respondent

Procedural Posture

Divorce / Cost Decision

Legal Issues

  1. 1 Whether assets were divisible matrimonial property and appropriate equalization payment
  2. 2 Quantum, duration and retroactivity of spousal support under SSAG
  3. 3 Appropriate costs scale and application of Tariff A and CPR 77 factors

Ratio Decidendi

Costs are assessed by issue with Tariff A as the starting point but adjusted under CPR 77.07 to reflect divided success and conduct; because the respondent was substantially successful on the property issues though there was mixed success overall, a lump sum costs award of $25,000.00 inclusive is appropriate to reflect the extent of his success and to do justice between the parties.

Court Disposition

Respondent awarded lump sum costs of $25,000.00 inclusive

Orders

  • Respondent awarded lump sum costs of $25,000.00 inclusive of the $250.00 previously ordered for interrogatories
  • No costs awarded to either party in respect of the interim spousal support hearing and the suit costs application portions of the proceeding