Dickson v. Dickson, 2011 MBQB 296

• Judge: Thomson, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 01, 2011
• Jurisdiction: Manitoba
• Citations: 2011 MBQB 296;(2011), 273 Man.R.(2d) 48 (QBFD)

Dickson v. Dickson (2011), 273 Man.R.(2d) 48 (QBFD)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. JA.022

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

(FD 05-01-77325; 2011 MBQB 296)

Indexed As: Dickson v. Dickson

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Thomson, J.

December 1, 2011.

Summary:

At issue was costs of two motions in the parties' family litigation. The wife had been primarily successful on the motions, as she was at trial. The trial judge had awarded costs to the wife on a solicitor and client basis (fixed at $180,000), finding that the husband had "demonstrated a gross lack of candour regarding his financial affairs for the purpose of minimizing his support obligations". Regarding the motions, the wife sought solicitor and client costs of $62,800, with an order requiring the husband's counsel to personally pay those costs, in whole or in part, and/or jointly and severally with the husband.

The Manitoba Court of Queen's Bench, Family Division, awarded the wife costs of the motions fixed at $26,250. The court declined to make an order requiring the husband's counsel to pay the costs personally.

Barristers and Solicitors - Topic 842

Duty to court - Liability for costs - For improper conduct - At issue was costs of two motions in the parties' family litigation - The wife had been primarily successful on the motions, as she was at trial - The trial judge had awarded costs to the wife on a solicitor and client basis (fixed at $180,000), finding that the husband had "demonstrated a gross lack of candour regarding his financial affairs for the purpose of minimizing his support obligations" - Regarding the motions, the wife sought solicitor and client costs of $62,800, with an order requiring the husband's counsel to personally pay those costs, in whole or in part, and/or jointly and severally with the husband - The Manitoba Court of Queen's Bench, Family Division, awarded the wife costs of the motions fixed at $26,250 - The court declined to make an order requiring the husband's counsel to pay the costs personally - The wife was asking the court to infer that the husband's counsel encouraged and/or assisted the husband in the conduct condemned by the trial judge - The trial judge's decision was silent concerning the husband's counsel's possible liability for costs - To make that order here would be an "injudicious exercise" of the court's discretion.

Practice - Topic 7364

Costs - Costs of interlocutory proceedings - Costs of motions or applications - [See Barristers and Solicitors - Topic 842 ].

Practice - Topic 7404

Costs - Solicitor and client costs - General principles - Solicitor ordered to pay client's or other party's costs - [See Barristers and Solicitors - Topic 842 ].

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - [See Barristers and Solicitors - Topic 842 ].

Cases Noticed:

McMurachy et al. v. Red River Valley Mutual Insurance Co. (1994), 92 Man.R.(2d) 225; 61 W.A.C. 225 (C.A.), refd to. [para. 27].

Young v. Young et al. (1993), 160 N.R. 1; 34 B.C.A.C. 161; 56 W.A.C. 161; 49 R.F.L.(3d) 117 (S.C.C.), refd to. [para. 28].

Eblie v. Yankoski (2007), 216 Man.R.(2d) 172; 2007 MBQB 106 (Fam. Div.), refd to. [para. 30].

Baryluk v. Warner Bros. Entertainment Inc. et al. (2010), 253 Man.R.(2d) 199; 2010 MBQB 66, refd to. [para. 32].

Counsel:

Judith M. Blair and Richard Diamond, for the petitioner;

Derek A. Booth, for the respondent;

Douglas A. Bedford, for Jack A. King.

This application was heard by Thomson, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following judgment on December 1, 2011.