This Month In Nova Scotia Family Law ' January 2023

• Law Firm: Cox & Palmer
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Civil Law, Divorce
• Author: Cox & Palmer
• Published date: 06 February 2023

Savoie v Daye, 2022 NSCC 382
Justice Cindy G. Cormier

Subject matter: Costs

This is an endorsement on costs. The parties had multiple previous appearances including judicial settlement discussions. They agreed on most issues. However, there were three outstanding issues that required a trial which lasted almost a day and a half.

At trial, no new information was proffered to determine the outcome of the remaining issues. As such, Justice Cormier relied on documents the parties disclosed at the time of their separation and the Partial Corollary Relief Order previously issued. Justice Cormier suggested that Ms. Daye to file a motion for disclosure which could have changed the outcome of the trial. However, Ms. Daye never filed.

In reaching a decision, Justice Cormier reiterated that pursuant to Civil Procedure Rule 77 costs should do justice between the parties. Her Ladyship quoted from Nurse v Holden, 2020 NSSC 110 which indicated that the Court has discretion to raise or lower the tariff amount depending on the "conduct of the parties if it affects the speed or expense of the proceeding".

Justice Cormier indicated that Ms. Daye's behaviour complicated the proceeding. To support this finding, Her Ladyship listed five instances where Ms. Daye did not follow the court's direction. Additionally, Justice Cormier found that Mr. Savoie could have disclosed information, which would have expedited the proceeding, but chose not to. As such, both parties contributed to the speed and expense of the matter.

Justice Cormier found that Mr. Savoie was successful on two of the three issues. Her Ladyship used Tariff A, Scale 3 to determine that $7,000 was the appropriate costs award for the proceeding. However, Her Ladyship reduced Mr. Savoie's award due to his contribution to the expense. Of the $7,000 total award, Justice Cormier ordered Ms. Daye to pay Mr. Savoie $3,499.83.

Henderson v Henderson, 2023 NSSC 22
Justice Theresa M Forgeron

Subject matter: Costs

Ms. Henderson and Mr. Henderson disagreed on the appropriate costs award following their divorce proceeding. Ms. Henderson, the successful party, sought $6,117.76 in costs. Ms. Henderson claimed that Mr. Henderson's conduct was unreasonable and unnecessarily prolonged the litigation. Additionally, Ms. Henderson indicated that her settlement offer mirrored Justice Forgeron's decision. For his part, Mr. Henderson indicated that his financial situation would preclude payment and any payment to his ex-wife would take away...