This Month In Nova Scotia Family Law ' August 2022

• Published date: 18 October 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Cox & Palmer
• Author: Ms Jocelyn Campbell, Michelle Axworthy, Andrea Pierce, Kelcie N. White, Dominique Perinchief and Courtney Losier

O'Reilly v Purgin, 2022 NSSC 240
Justice Elizabeth Jollimore

Subject matter: Costs

In July 2022, Justice Jollimore dismissed Ms. O'Reilly's motion for her child to be registered in a school in her community. Mr. Purgin, the child's father, sought costs for defending this motion.

Justice Jollimore found that a principled reason to deny costs existed because the risk of a costs award in custody cases may deter a parent from pursuing an action that is in the child's best interests. This was the reasoning in Nemorin v Foote, 2009 NSSC 23, where Justice Gass dismissed an order for costs because there was a genuine issue to be tried that both parents had a reasonable position on.

Both Ms. O'Reilly and Mr. Purgin had reasonable positions regarding the school their child should attend, and both acted in good faith throughout the process. The claim for costs was dismissed.

Green v Green, 2022 NSSC 247
Justice Theresa Forgeron

Subject matter: Costs

Mr. and Ms. Green have a lengthy litigation history, beginning with a divorce trial in February 2021 (2021 NSSC 43). The trial culminated with Ms. Green being granted primary care of and decision-making power for their three children. Ms. Green was also granted a costs award of $40,882.29.

Between December 2021 and May 2022, Mr. Green filed several motions with the Nova Scotia Supreme Court. These motions, relating to matters stemming from the divorce hearing, were all denied. In May and June 2022, an application from Ms. Green to vary the parenting plan was heard. Justice Forgeron found that granting Ms. Green's request to vary the parenting plan was in the children's best interests (2022 NSSC 164).

Pursuant to this ruling, Ms. Green sought costs of $16,315 on the grounds that she was the successful party in all the motions and applications, as well as the effort and stress these proceedings caused her and her children. She claimed that Mr. Green had acted in bad faith by pursuing several time-consuming motions that he was ultimately unprepared for.

Mr. Green argued that there should only be a nominal costs award. He stated that the previous cost awards had weakened his financial state and he was not in a position to afford another. He had attempted family mediation, but Ms. Green refused. He claimed that the legal actions he initiated were done to salvage the relationship he had with his children, which was deteriorating due to Ms. Green.

Justice Forgeron found that Mr. Green's claims did not have merit and stated that...