SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Ramsay v. Reilly, 2022 NSSC 26
ENDORSEMENT
January 13, 2022
Brandon Ramsay and Bethany Reilly
2021 SPHPSA 120824
Brandon Ramsay represented by Eugene Tan and then by Madeline Smillie-Sharp
Bethany Reilly represented by Owen Bland
• Notice of Application filed January 21, 2021.
• April 12, 2021 conference before me. Interim Without Prejudice Order granted re: parenting time and child support. Mr. Bland agreed to draft the interim order. The matter was adjourned to an interim hearing. Mr. Ramsay was directed to disclose financial information and to file a brief by May 14, 2021, or costs would be awarded. He filed incomplete documents, late.
• May 21, 2021 Interim Hearing before me, on an interim basis the issues of regular and holiday parenting time were agreed and Mr. Ramsay’s income was imputed to $63,583.63. Mr. Bland, counsel for Ms. Reilly was directed to draft the Interim Order.
• June 21, 2021, a request for costs was submitted by Ms. Reilly. No response filed by Mr. Ramsay.
• August 17, 2021, counsel requested the matter proceed by way of settlement conference, scheduled October 13, 2021.
• October 13, 2021, no agreement was reached. Mr. Bland was directed to file oustanding interim orders from April 12, 2021, and from May 21, 2021.
• October 27, 2021, conference before me. Mr. Bland undertook to have the draft interim orders from April 2021,and from May 2021, sent to Ms. Smillie-Sharp by November 1, 2021. Counsel requested a two day trial. They were provided with filing deadlines and a date for case management.
• December 2, 2021, the parties appeared for case management and they requested the matter be adjourned to a further case management date. The matter has been adjourned to June 27, 2022.
Request for costs of Tariff C, based on a hearing of over a half day and under one day, following a hearing scheduled to deal with interim custody, parenting time, and child support. Total costs requested: $3000.00.
Decision:
Brandon Ramsay shall pay Bethany Reilly costs of $1000 on or before March 1, 2022.
Reasons:
1. Mr. Ramsay filed his Notice of Application in January 2021. He failed to file all necessary financial information prior to the conference held April 12, 2021. After retaining legal counsel in April 2021, he failed to file his financial information by May 14, 2021, as directed. I impose costs of $250.00 due to Mr. Ramsay’s failure to file financial information as directed by the court.
2. At the interim hearing on May 21, 2021, the parties came to an agreement regarding interim regular and holiday parenting time, but they were unable to reach an agreement regarding interim child support. Ms. Reilly requested Mr. Ramsay’s income be imputed to $76,919, while Mr. Ramsay suggested his usual income would be in the vicinity of $50,000, but the court should rely on the level of income he was receiving from employment insurance benefits. The court imputed an income of $63,583.63 in 2021, an average of Mr. Ramsay’s last three years’ income from employment. Ms. Reilly was substantially successful in the matter of interim child support and Mr. Ramsay shall pay costs of $750.00.
3. The hearing required more than a half day and less than a day.
4. The most significant issue at the hearing was interim child support. The parties had reached an agreement regarding regular and holiday interim parenting.
5. Ms. Reilly was substantially successful on the issue of determining Mr. Ramsay’s annual guidelines’ income for interim child support.
6. Civil Procedure Rule 77.03(3) provides that “Costs of a proceeding follow the result”. Costs are in my discretion. A decision not to award costs must be principled.
7. Having regard to Tariff C, a hearing of over a half day but under a day, the parties’ reaching an interim agreement regarding regular and holiday parenting, I order Mr. Ramsay to pay Ms. Reilly costs of $1000 by March 1, 2022. This amount is inclusive of all disbursements.
Cindy G. Cormier, J.S.C.(F.D.)