SUPREME COURT OF Nova Scotia
FAMILY DIVISION
Citation: Abbott v. Abbott, 2014 NSSC 229
Date: 2014-06-19
Docket: No. 1201-66344
Registry: Halifax
Between:
Warren Burton Abbott
Petitioner
v.
Angela Marie Abbott
Respondent
|
Judge: |
The Honourable Justice Deborah Gass |
|
Heard: |
April 14, 17 & 25, 2014, in Halifax, Nova Scotia |
|
Written Costs Submissions: |
May 1 & 26, 2014 |
|
Counsel: |
Warren Burton Abbott, Petitioner Tanya G. Nicholson, counsel for Respondent |
By the Court:
[1] In this proceeding both parties claim costs against the other. The court has received written submissions supporting their respective positions.
[2] I do not propose to recite the oft cited case law and Civil Procedure Rules which are relevant to this phase of the proceedings.
[3] The main issue before the court was the claim by Mr. Abbott for one half of what he asserted was matrimonial debt.
[4] The court resolved that issue in favour of Ms. Abbott.
[5] The value of the matrimonial home was in issue, but no evidence to support a greater value than that put forward by Ms. Abbott with the supporting evidence she provided, was presented.
[6] A third issue was spousal support wherein Mr. Abbott sought a termination of his obligation. Although no termination date was ordered, the spousal support order was reduced by $200.00.
[7] It is correct, as Mr. Abbott argues, that the issue of determining whether certain debts were matrimonial, is a reasonably justiciable issue and was therefore not a frivolous claim. Mr. Abbott himself incurred costs in this proceeding as well.
[8] However, Ms. Abbott was the substantially successful party, and as such is entitled to costs. Given all of the circumstances I find that costs of $4,000.00 are in order. These costs, together with the previous costs order o $200.00 ($4,200.00) shall be deducted from the equity owed to Mr. Abbott from the property division.
Gass, J.