SUPREME
COURT OF NOVA SCOTIA (FAMILY DIVISION)
Citation: Murphy v. Murphy,
2015 NSSC 397
ENDORSEMENT
Donna Marie Murphy v. Gerald
Vincent Murphy
Prothonotary No. 1201-067080; SFH-D 086351
May 15, 2015
• Sarah L. Harris for Donna Murphy
• Gerald Murphy on his own behalf
Request for costs on Tariff A, scale 3, based on a hearing of one and one-quarter days, with an additional amount of $2,500.00 for trial time and $2,143.75 for disbursements, following a divorce and corollary relief proceeding. Total costs requested: $32,981.75.
Decision:
Gerald Murphy shall pay Donna Murphy costs of $26,893.75 forthwith.
Reasons:
1.
Ms. Murphy was successful in her claims
for a divorce, an equal division of property and an order requiring Mr. Murphy
to maintain health insurance coverage for her.
2.
The hearing required one full day and one
hour on a second day.
3.
The most significant issue at the
hearing was the characterization of the property owned by GVM Holdings, which
Mr. Murphy characterized as business assets and, thereby, exempt from division
under the Matrimonial Property Act. In this argument, Ms. Murphy was
successful.
4.
The property owned by GVM Holdings was
valued at approximately $206,000.00.
5.
Court orders were required to obtain
satisfactory disclosure regarding assets within Mr. Murphy’s control. The
orders were obtained by consent.
6.
Sharon Kenny charged $175.00 per hour to
review her records and provide materials relating to her dealings with Mr.
Murphy, charging a total of $2,143.75.
7.
Civil Procedure Rule 77.02(1) states
that I “may, at any time, make any order about costs as [I am] satisfied will
do justice between the parties.”
8.
Ms. Murphy did not claim costs in her
Petition for Divorce or in any of her pleadings.
9.
Pursuant to Civil Procedure Rule
77.02(2) I have a general discretion to award costs so as to do justice between
the parties.
10. Having regard to Tariff A, the amount involved, the length of the hearing and the expense for Ms. Kenny’s materials, I order Gerald Murphy to pay Donna Murphy costs of $26,893.75 forthwith. This amount is inclusive of all disbursements.
_____________________________
Elizabeth
Jollimore, J.S.C.(F.D.)