Dickson v. Dickson, 2012 MBQB 152

• Judge: Doyle, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 18, 2012
• Jurisdiction: Manitoba
• Citations: 2012 MBQB 152;(2012), 279 Man.R.(2d) 135 (QBFD)

Dickson v. Dickson (2012), 279 Man.R.(2d) 135 (QBFD)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. JN.007

Judith Elizabeth Dickson (petitioner) v. Gerald Edward Dickson (respondent)

(FD 05-01-77325; 2012 MBQB 152)

Indexed As: Dickson v. Dickson

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Doyle, J.

May 18, 2012.

Summary:

The parties separated in 2005. The wife was substantially successful on a 2006 interim motion for retroactive and ongoing child support and spousal support. The court denied the wife's request for an order that the payments be secured against the husband's assets. At the 12 day trial in 2009, the wife was substantially successful (see (2009), 247 Man.R.(2d) 56). The husband was ordered to pay solicitor and client costs of $180,000 to the wife (see (2010), 256 Man.R.(2d) 251). The wife was also awarded costs of cross-motions of $26,250 (see (2011), 273 Man.R.(2d) 48). At issue was costs of the interim motion. The wife claimed solicitor and client costs of $67,020.48.

The Manitoba Court of Queen's Bench, Family Division, concluded that the wife should receive an award of costs on a solicitor and client basis of $35,000, inclusive of fees, disbursements and taxes.

Editor's Note: Related decisions involving these parties are reported at (2011), 262 Man.R.(2d) 247; 507 W.A.C. 247 and (2011), 263 Man.R.(2d) 114.

Family Law - Topic 970

Husband and wife - Actions between husband and wife - Practice - Financial disclosure - [See Family Law - Topic 4181 ].

Family Law - Topic 4045.2

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Financial disclosure - [See Family Law - Topic 4181 ].

Family Law - Topic 4085

Divorce - Corollary relief - Interim maintenance - Evidence and proof (incl. disclosure) - [See Family Law - Topic 4181 ].

Family Law - Topic 4181

Divorce - Practice - Costs - Solicitor and client costs - The parties separated in 2005 - The wife was substantially successful on a 2006 interim motion for retroactive and ongoing child support and spousal support - The court denied the wife's request for an order that the payments be secured against the husband's assets - At the 12 day trial in 2009, the wife was substantially successful - The husband was ordered to pay solicitor and client costs of $180,000 - At issue was costs of the interim motion - The wife claimed solicitor and client costs of $67,020.48 - The Manitoba Court of Queen's Bench, Family Division, held that the husband's failure to fulfill his obligation to make full financial disclosure during the proceeding that led to the 2006 interim order was reprehensible, scandalous and outrageous - The father's conduct undermined the objectives of the Federal Child Support Guidelines, the Family Maintenance Act and the Divorce Act and caused the wife to incur significant legal costs that would have been avoided had full disclosure been provided - Solicitor and client costs were warranted - However, recognizing the husband's success regarding the wife's claim for security, the amount was to be reduced by 5%, which resulted in a claim of $63,669.46 - Taking into account the need for proportionality with the costs award at trial, some of the activities that consumed the wife's counsel's time and considering the interim proceeding globally, the court concluded that the wife should receive an award of costs on a solicitor and client basis of $35,000, inclusive of fees, disbursements and taxes.

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - [See Family Law - Topic 4181 ].

Practice - Topic 7465

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Divorce actions - [See Family Law - Topic 4181 ].

Practice - Topic 7470.6

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Interlocutory proceedings - [See Family Law - Topic 4181 ].

Practice - Topic 7470.7

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Failure to make full disclosure - [See Family Law - Topic 4181 ].

Cases Noticed:

Dickie v. Dickie, [2001] O.T.C. Uned. 749; 17 R.F.L.(5th) 304; 2001 CarswellOnt 2551 (Sup. Ct.), refd to. [para. 28].

Lahanky v. Lahanky (2011), 375 N.B.R.(2d) 370; 969 A.P.R. 370; 2011 CarswellNB 421; 2011 NBQB 220 (Fam. Div.), refd to. [para. 29].

Young v. Young et al., [1993] 4 S.C.R. 3; 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161; 1993 CarswellBC 264, refd to. [para. 33].

Hunter v. Hunter (2000), 153 Man.R.(2d) 101; 238 W.A.C. 101; 2000 MBCA 138, refd to. [para. 34].

Vauclair v. Vauclair (1998), 126 Man.R.(2d) 136; 167 W.A.C. 136 (C.A.), refd to. [para. 38].

Authors and Works Noticed:

MacDonald, James C., and Ferrier, Lee K., Canadian Divorce Law and Practice (2nd Ed. 1988), vol. 3, p. S8.1 [para. 26].

Payne, Julien D., Payne on Divorce (4th Ed. 1996), p. 292 [para. 25].

Counsel:

Judith M. Blair, for the petitioner;

Jack A. King and Samantha de Wit, for the respondent.

This motion was heard by Doyle, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on May 18, 2012.