Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Clements v. Boutilier, 2014 NSSC 32

 

Date: 20140124

Docket:    SFHMCA-086892

Registry: Halifax

Between:

Taryn Elizabeth Clements

Applicant

v.

 

 

                                            Terrance Allan Boutilier

 

Respondent

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Mona M. Lynch

 

Heard:                        By Way of Written Submissions filed December 6, 2013 by the Applicant and December 12, 2013 by the Respondent in Halifax, Nova Scotia

 

Subject:                       Costs in Family Matters

 

Summary:                   Application for retroactive and prospective child support, table and section 7.  Parties had a separation agreement which set out financial disclosure obligations, yearly adjustment of child support and payment of legal costs for failing to disclose.  Father turned down two more favourable offers to settle and failed to disclose his complete financial information despite the separation agreement, requests from the mother, a direction to disclose and an order from the court.

 

Issue:                           What amount of costs should be awarded?

 

Result:             The tariff, the formula in the separation agreement and calculation of a lump sum resulted in awards between $7,100 and $8,500.  An award of $8,000, inclusive of disbursements, was made.

 

 

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