Crouse v. Crouse, 2002 NSCA 15

• Judge: Bateman, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: January 24, 2002
• Jurisdiction: Nova Scotia
• Citations: 2002 NSCA 15;(2002), 201 N.S.R.(2d) 43 (CA)

Crouse v. Crouse (2002), 201 N.S.R.(2d) 43 (CA);

 629 A.P.R. 43

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. FE.015

Ross Leston Crouse (appellant) v. Catherine Anne Crouse (respondent)

(CA 172940; 2002 NSCA 15)

Indexed As: Crouse v. Crouse

Nova Scotia Court of Appeal

Bateman, J.A.

January 25, 2002.

Summary:

A husband appealed from a corollary relief judgment issued in a divorce proceeding. The wife applied for security for costs.

The Nova Scotia Court of Appeal, per Bateman, J.A., allowed the application.

Family Law - Topic 4179

Divorce - Practice - Costs - Security for costs - A husband appealed from a corol­lary relief judgment issued in a divorce proceeding - The wife applied for security for costs - The Nova Scotia Court of Ap­peal, per Bateman, J.A., allowed the appli­cation - Special circumstances existed here where the husband had failed to pay prior orders for costs and refused to honour or­ders for maintenance - Further, it appeared that the husband's conduct of the appeal would be characterized by irrelevant sub­missions and allegations which would un­necessarily drive up its expense and com­plexity - See paragraphs 1 to 13.

Practice - Topic 8209

Costs - Security for costs - Security for costs of an appeal - Grounds for - Special circumstances - [See Family Law - Topic 4179 ].

Practice - Topic 8214

Costs - Security for costs - Security for costs of an appeal - Determination of amount of - A husband appealed from a corollary relief judgment issued in a divorce proceeding - The wife applied for security for costs - The Nova Scotia Court of Appeal, per Bateman, J.A., allowed the application - In determining the appropriate amount of costs to be ordered, the court noted that it appeared that the husband's conduct of the appeal would be charac­terized by irrelevant submissions and alle­gations which would unnecessarily drive up its expense and complexity - The court held that the usual guideline, 40% of the trial costs awarded, would be an excessive­ly low order for costs where the appeal costs would likely exceed $2,000 - The court ordered that $1,500 security be posted - See paragraphs 15 to 17.

Cases Noticed:

Frost v. Herman (1976), 18 N.S.R.(2d) 167; 20 A.P.R. 167 (C.A.), refd to. [para. 10].

Powell (L.E.) and Co. v. Canadian National Railway Co. and Nova Scotia Building Supplies Ltd. (1975), 11 N.S.R.(2d) 532; 5 A.P.R. 532 (C.A.), refd to. [para. 14].

Fleckney v. Desbrisay, [1927] 1 D.L.R. 537 (N.S.C.A.), refd to. [para. 14].

Counsel:

Appellant in person;

William M. Leahey, for the respondent.

This application was heard in Chambers on January 24, 2002, by Bateman, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on January 25, 2002.