Edwards v. Edwards, (1994) 127 N.S.R.(2d) 379 (SC)

• Judge: Grant, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 20, 1993
• Jurisdiction: Nova Scotia
• Citations: (1994), 127 N.S.R.(2d) 379 (SC)

Edwards v. Edwards (1994), 127 N.S.R.(2d) 379 (SC);

  355 A.P.R. 379

MLB headnote and full text

Colleen Ann Edwards (Pereira) (petitioner) v. Michael Lee Edwards (respondent)

(No. 1201-42711)

Indexed As: Edwards v. Edwards

Nova Scotia Supreme Court

Grant, J.

January 14, 1994.

Summary:

A mother of two applied to vary child support. The father applied to vary it down­wards and made four other applications.

The Nova Scotia Supreme Court, in a decision reported at 126 N.S.R.(2d) 341; 352 A.P.R. 341, allowed the mother's application and dismissed the father's application.

The Nova Scotia Supreme Court deter­mined costs.

Family Law - Topic 4176

Divorce - Practice - Costs - Party and party costs - A mother of two applied to vary child support - The father applied to vary it downwards and made four other applications - The court increased support to $1,200/month (net of tax to the wife) - The mother had made an offer to settle for less than what the court awarded - The father delayed in disclosing information to the mother - The application got out of hand because of the father's conduct, which was partly an attempt to frustrate the preparation and conduct of the mother's case - The Nova Scotia Supreme Court calculated the amount involved to be $100,000 and fixed costs on Scale 5 plus disbursements.

Practice - Topic 7110.1

Costs - Party and party costs - Special orders - Increase in scale of costs - Con­duct of opposite party - [See Family Law - Topic 4176 ].

Cases Noticed:

Landymore et al. v. Hardy et al. (1992), 112 N.S.R.(2d) 410; 307 A.P.R. 410 (T.D.), refd to. [para. 17].

Chaddock v. Chaddock (1993), 121 N.S.R.(2d) 274; 335 A.P.R. 274 (T.D.), refd to. [para. 31].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 57.27(1) [para. 18]; rule 63.02, rule 63.04 [para. 19].

Counsel:

Deborah K. Smith, for the petitioner;

David S. Green, for the respondent.

This matter was heard in Halifax, Nova Scotia, on December 20, 1993, by Grant, J., of the Nova Scotia Supreme Court, who delivered the following judgment on January 14, 1994.