Supreme Court

Decision Information

Decision Content

                        IN THE SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Burke v. Burke, 2008 NSSC 186

 

Date: 20080612

Docket: 1201-059106

Registry: Halifax

 

 

Between:

Joseph Gregory Burke

Petitioner

v.

 

Corinne Ella Burke

Respondent

 

 

 

 

Judge:                            The Honourable Justice Deborah Gass

 

Heard:                            September 25 and 26, 2007, in Halifax, Nova Scotia

 

Counsel:                         Mary Jane McGinty, for the respondent

 

 


By the Court:

 

[1]              This is an application for costs by the Respondent following a two day trial and further post trial submissions to perfect the order resulting from the decision.  There were a number of issues at trial.  In the result, the Respondent was substantially successful.

 

[2]              Costs are authorized by Civil Procedure Rules 57 and 63, and are ultimately in the discretion of the Court.  A successful party is generally entitled to costs unless there is a reason for not awarding them.

 


[3]              In matrimonial matters, the challenge often arises in quantifying costs, where many of the issues are not monetary in nature (or if they are, they are not definable as a fixed amount), but nevertheless involve considerable time and effort to present.  I have considered the various approaches, including the “amount involved”, the “rule of thumb” and the “lump sum”.  I must balance this with the financial implications of the decision itself upon the petitioner.  The application seeks costs of $9,063.00.  The order for arrears of maintenance, together with spousal and child support, have a significant impact on the Petitioner’s circumstances.  Taking into account all of the factors, the settlement discussions and the time involved in a somewhat complex case, I am ordering the Petitioner to pay costs to the Respondent in the amount of $6500.

 

 

J.

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