(FAMILY DIVISION)
Citation: Langhorn v. Mallais, 2013 NSSC 90
Date: 20130307
Docket: 1201-065537
Registry: Halifax
Between:
Belinda Ann Langhorn
Petitioner
v.
Joseph Denis Mallais
Respondent
Judge: The Honourable Justice Deborah Gass
Heard: March 4, 2013, in Halifax, Nova Scotia
Counsel: Jennifer L. Schofield, for the Petitioner
Nicole A. Figueira, for the Respondent
By the Court:
[1] I have reviewed the formal Offer to Settle and have considered it in light of the matters agreed upon and the points in issue.
[2] I am satisfied that the parties agreed on a number of significant matters, leaving few issues to be determined at trial.
[3] Of the unresolved issues, it appears that each party achieved mixed success.
[4] While the right of “final say” was denied to the Petitioner, the court determined that extra-curricular activities did not fall under the category of “major decisions” as envisaged by joint custody in the context of this family. Matters involving waivers of liability for activities falls within the day to day care and decision making of the primary residential parent.
[5] While the Respondent was substantially successful in the provision for child support for Chantal, and the responsibility for the RESP, the Applicant recovered the medical expenses.
[6] All in all, success was mixed and each party will bear their own costs.
J.