MacDonald v. MacDonald,

• Jurisdiction: Nova Scotia
• Judge: O'Neil
• Neutral Citation: 2015 NSSC 271
• Citation: 2015 NSSC 271,(2015), 367 N.S.R.(2d) 21 (SC),367 NSR(2d) 21,(2015), 367 NSR(2d) 21 (SC),367 N.S.R.(2d) 21
• Date: 23 September 2015
• Court: Supreme Court of Nova Scotia (Canada)

MacDonald v. MacDonald (2015), 367 N.S.R.(2d) 21 (SC);

    1157 A.P.R. 21

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. NO.046

Gordon James MacDonald (petitioner) v. Donna Maureen MacDonald (respondent)

(1201-066195; 2015 NSSC 271)

Indexed As: MacDonald v. MacDonald

Nova Scotia Supreme Court

Family Division

O'Neil, A.C.J.

September 23, 2015.

Summary:

The divorce proceeding related primarily to spousal support claimed by the wife, the parenting arrangement for the parties' child, and division of assets and debts. Determining the valuation date of the husband's pension was the most significant property issue to be resolved. Although the husband was uncertain as to his retirement date, he was prepared to agree to August 2015 as the valuation date.

The Nova Scotia Supreme Court, in a decision reported at [2015] N.S.R.(2d) Uned. 40, held that: (1) there was no basis to order a quantum of spousal support; (2) the child be entrusted to the husband's primary care; and (3) the valuation date of August 2015 was the fairest way to resolve the pension issue. Written submissions on costs were received.

The Nova Scotia Supreme Court, Family Division, awarded lump sum costs of $4,500 to the husband, payable at a rate of $300 per month.

Family Law - Topic 966

Husband and wife - Actions between husband and wife - Practice - Costs - [See first Family Law - Topic 4176 ].

Family Law - Topic 4175

Divorce - Practice - Costs - General (incl. considerations) - [See first Family Law - Topic 4176 ].

Family Law - Topic 4176

Divorce - Practice - Costs - Party and party costs - The Nova Scotia Supreme Court, Family Division, summarized the general principles that emerged from Civil Procedure Rule 77, and addressed the quantification of party and party costs according to the Tariffs, in family proceedings - "Arriving at a costs assessment in matrimonial matters is difficult given the often mixed outcome and the need to consider the impact of an onerous costs award on the families, and the children in particular. The need for the court to exercise its discretion and to move away from a strict application of the tariffs is often present." - See paragraphs 2 to 4.

Family Law - Topic 4176

Divorce - Practice - Costs - Party and party costs - In this divorce proceeding, evidence was heard over two days - The wife was not awarded any amount of spousal support - The husband's care of the parties' child and overpayment of child support was recognized - Prior to the hearing, the wife had participated in settlement conferences; reached agreement on some issues and then proceeded to disregard those agreements - The Nova Scotia Supreme Court, Family Division, under Civil Procedure Rule 77, departed from Tariff costs, and awarded lump sum costs of $4,500 to the husband, payable at a rate of $300 per month - The husband was the more successful party - The wife's conduct unnecessarily prolonged the litigation and needlessly consumed significant Court time - See paragraphs 18 to 21.

Family Law - Topic 4182

Divorce - Practice - Costs - Lump sum or fixed costs - [See second Family Law - Topic 4176 ].

Family Law - Topic 4189

Divorce - Practice - Costs - Settlement offers - [See second Family Law - Topic 4176 ].

Practice - Topic 7117

Costs - Party and party costs - Special orders - Lump sum in lieu of taxed costs - [See second Family Law - Topic 4176 ].

Practice - Topic 7243

Costs - Party and party costs - Offers to settle - Effect of failure to accept - [See second Family Law - Topic 4176 ].

Practice - Topic 7641

Costs - The tariffs, schedules etc. - General - [See first Family Law - Topic 4176 ].

Cases Noticed:

N.D.L. v. M.S.L. (2010), 289 N.S.R.(2d) 303; 916 A.P.R. 303; 2010 NSSC 159 (Fam. Div.), refd to. [para. 3].

Gagnon v. Gagnon, [2012] N.S.R.(2d) Uned. 94; 2012 NSSC 137 (Fam. Div.), refd to. [para. 3].

Grant v. Grant (2002), 200 N.S.R.(2d) 173; 627 A.P.R. 173 (Fam. Div.), refd to. [para. 5].

O'Neil v. O'Neil (2013), 326 N.S.R.(2d) 308; 1033 A.P.R. 308; 2013 NSSC 64 (Fam. Div.), refd to. [para. 8].

Robar v. Arseneau (2010), 292 N.S.R.(2d) 309; 925 A.P.R. 309; 2010 NSSC 175, refd to. [para. 9].

Provost v. Marsden (2009), 286 N.S.R.(2d) 138; 909 A.P.R. 138; 2009 NSSC 365 (Fam. Div.), refd to. [para. 10].

Provost v. Marsden (2010), 296 N.S.R.(2d) 176; 940 A.P.R. 176; 2010 NSSC 423, refd to. [para. 10].

A.R. v. G.R., [2010] N.S.R.(2d) Uned. 247; 2010 NSSC 377 (Fam. Div.), refd to. [para. 11].

A.R. v. G.R., [2010] N.S.R.(2d) Uned. 269; 2010 NSSC 424 (Fam. Div.), refd to. [para. 11].

Godin v. Godin (2014), 340 N.S.R.(2d) 59; 1077 A.P.R. 59; 2014 NSSC 46 (Fam. Div.), refd to. [para. 12].

Myer v. Lyle, [2014] N.S.R.(2d) Uned. 239; 2014 NSSC 355, refd to. [para. 13].

Moore v. Moore, [2013] N.S.R.(2d) Uned. 218; 2013 NSSC 281 (Fam. Div.), refd to. [para. 14].

Armoyan v. Armoyan (2013), 337 N.S.R.(2d) 365; 1067 A.P.R. 365; 2013 NSCA 136, refd to. [para. 15].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 77 [para. 2].

Rules of Civil Procedure (N.S.) - see Civil Procedure Rules (N.S.).

Rules of Court (N.S.) - see Civil Procedure Rules (N.S.).

Counsel:

Tanya Nicholson, for the petitioner;

David Grant, for the respondent.

This costs matter was heard via written submissions, by O'Neil, A.C.J., of the Nova Scotia Supreme Court, Family Division, who delivered the following decision on September 23, 2015.