SUPREME COURT OF NOVA SCOTIA
Citation: Sheppard v. Sheppard, 2005 NSSC 137
Date: 20050607
Docket: 1201-58102
Registry: Halifax
Between:
Ardith Cecilia Sheppard
Petitioner
v.
Roy Sheppard
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere-Sers
Heard: March 2 & 3, 2005, in Halifax, Nova Scotia
Final Written
Submissions: April 22, 2005
Subject: Costs following a Matrimonial Cause of Action
Summary: The parties separated after 29 years of marriage. The father and husband left without notice to his family. He returned a short time later to recover some business possessions including his computer. The computer was damaged and he was locked out of his home. This triggered a steady decline in conduct from both parties, each appropriating, gifting away and selling their matrimonial possessions. During the interim one year and eight month period between separation and the divorce proceeding, the husband was in receipt of Worker’s compensation. No child support was paid. Initially each sought costs against the other. After the decision, the Respondent continued to seek costs.
Issue: The effect of uncivilized conduct in the resolution of matrimonial disputes.
Result: Costs denied. The legislative framework promotes peaceful conflict resolution. There is a legitimate expectation that the welfare of children will be a priority, their financial stability will be maintained as much as possible, and the assets will be maintained until an appropriate division is achieved unless otherwise agreed by the parties or authorized by the court. The court cannot sanction self help measures aimed at thwarting the legislative purpose.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.