Prince v. Soenen, 2016 MBQB 173

• Judge: Hatch, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 31, 2016
• Jurisdiction: Manitoba
• Citations: 2016 MBQB 173;[2016] Man.R.(2d) TBEd. SE.016

Prince v. Soenen, [2016] Man.R.(2d) TBEd. SE.016

MLB being edited

Currently being edited for Man.R.(2d) - judgment temporarily in rough form.

Temp. Cite: [2016] Man.R.(2d) TBEd. SE.016

Tammy Lee Prince (petitioner) v. David Stancey Soenen (respondent)

(FD 98-01-52013; 2016 MBQB 173)

Indexed As: Prince v. Soenen

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Hatch, J.

August 31, 2016.

Summary:

The parties married in 1989, separated in 1998 and divorced in 2001. There were two children of the marriage, who were 23 and 21 years old at trial. At issue was retroactive and ongoing child and spousal support, including the determination of the father's income for support purposes.

The Manitoba Court of Queen's Bench, Family Division, in a decision reported at (2015), 316 Man.R.(2d) 13, determined the issues. The wife sought costs on a solicitor and client basis of $103,276 or, alternatively, double costs under Queen's Bench Rule 49.10(1), and costs personally against the husband's counsel.

The Manitoba Court of Queen's Bench, Family Division, awarded partial solicitor and client costs in the wife's favour. The court found that the husband's conduct was reprehensible for four reasons. The first three were rooted in attempts to mislead the court. Fourth, his conduct generated needless cost consequences for the wife.

Practice - Topic 7401

Costs - Solicitor and client costs - General principles - General - The Manitoba Court of Queen's Bench, Family Division, queried the point at which poor choices would trigger solicitor and client costs - The court stated that substantial success was not sufficient to justify solicitor and client costs - Nor was a claim having little merit - A party's conduct had to be "reprehensible, scandalous or outrageous" - The test was a stringent one - Exceptional circumstances were required for "substantial indemnity costs" - See paragraphs 16 and 17.

Practice - Topic 7407

Costs - Solicitor and client costs - General principles - Power to award solicitor and client costs - [See Practice - Topic 7401 ].

Practice - Topic 7423

Costs - Solicitor and client costs - Measure of solicitor and client costs - Relevant considerations - General - The parties married in 1989, separated in 1998 and divorced in 2001 - There were two children of the marriage, who were 23 and 21 years old at trial - At issue was retroactive and ongoing child and spousal support, including the determination of the father's income for support purposes - The trial judge determined the issues - The wife was substantially successful - The highly contested complex issues were exacerbated by the delay in bringing them to trial - The wife sought costs on a solicitor and client basis or, alternatively, double costs under Queen's Bench Rule 49.10(1), and costs personally against the husband's counsel - The Manitoba Court of Queen's Bench, Family Division, awarded partial solicitor and client costs in the wife's favour - The husband's conduct was reprehensible for four reasons - The first three were rooted in attempts to mislead the court - Fourth, his conduct generated needless cost consequences for the wife.

Practice - Topic 7454

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Improper, irresponsible or unconscionable conduct - [See Practice - Topic 7401 and Practice - Topic 7423 ].

Counsel:

Marcia Knight, for the petitioner;

Murielle A. Matthews, for the respondent.

This costs matter was heard by Hatch, J., of the Manitoba Court of Queen's Bench, Family Division, Winnipeg Centre, who delivered the following decision on August 31, 2016.