S.E.L. v. J.M.R., (2000) 274 A.R. 377 (QB)

• Judge: Johnstone, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 16, 2000
• Citations: (2000), 274 A.R. 377 (QB);2000 ABQB 399

S.E.L. v. J.M.R. (2000), 274 A.R. 377 (QB)

MLB headnote and full text

Temp. Cite: [2000] A.R. TBEd. JN.142

S.E.L. (plaintiff/defendant by counterclaim) v. J.M.R. (defendant/plaintiff by counterclaim)

(Action No. 4803 110822; 2000 ABQB 399)

Indexed As: S.E.L. v. J.M.R.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Johnstone, J.

June 13, 2000.

Summary:

The parties, who were doctors, separated after a lengthy marriage. There were three children of the marriage. The wife sought a divorce on the basis of marriage breakdown as a result of the husband's adultery and cruelty. The husband sought a divorce on the basis of marriage breakdown because the parties lived separate and apart for one year.

The Alberta Court of Queen's Bench, in a decision reported at 258 A.R. 201, ordered, inter alia, that each party bear their own costs given the mixed success of the parties. The wife asserted that costs should be revisited and she should be awarded double costs.

The Alberta Court of Queen's Bench held that the original judgment stood and the parties must bear their own costs.

Family Law - Topic 966

Husband and wife - Actions between hus­band and wife - Practice - Costs - In divorce proceedings, the parties had mixed success regarding several issues, including marital property and support, and had to bear their own costs - The wife requested double costs given her pre-trial multi-issued offer, which the judge had no knowledge of when writing the judgment and which was better than or equal to the judgment (rule 174(2)) - The wife did better and worse than her offer regarding support and marital property issues re­spectively - The wife asserted that the amount she owed the husband regarding the marital property was set off against the retroactive child and spousal support, therefore, the three years of child support should be set off against the prop­erty award given her offer of three years' child support - The Alberta Court of Queen's Bench refused to vary costs after review­ing and balancing all relevant mat­ters.

Family Law - Topic 2189

Custody and access - Practice - Costs - In divorce proceedings, the parties had mixed success regarding several issues, including marital property and support and had to bear their own costs - The wife requested double costs given her pre-trial multi-issued offer, which the judge had no knowledge of when writing the judgment and which was better than or equal to the judgment (rule 174(2)) - The wife did better and worse than her offer regarding support and marital property issues re­spectively - The Alberta Court of Queen's Bench refused to vary the judgment, stat­ing "... I find it entirely inappropriate to consider the issues of custody and access in my determination of whether rule 174(2) should apply." - See paragraph 24.

Family Law - Topic 4189

Divorce - Practice - Costs - Settlement offers - [See Family Law - Topic 966 ].

Cases Noticed:

Sullivan v. Sullivan (1995), 219 A.R. 178; 179 W.A.C. 178 (C.A.), refd to. [para. 10].

R.S.M. v. K.B. (1996), 188 A.R. 118 (Q.B.), refd to. [para. 11].

Henry and Henry v. Pham and Ramsay (1987), 81 A.R. 276 (C.A.), refd to. [para. 11].

MacMinn v. MacMinn (1995), 174 A.R. 261; 102 W.A.C. 261 (C.A.), refd to. [para. 14].

Brown v. Brown, [1989] A.J. No. 304 (Q.B.), refd to. [para. 15].

Purich v. Purich (1999), 248 A.R. 145 (Q.B.), refd to. [para. 16].

Westersund v. Westersund (1993), 157 A.R. 276; 77 W.A.C. 276 (C.A.), refd to. [para. 17].

Authors and Works Noticed:

Stevenson & Coté, Civil Procedure Guide, 1996 (1996), p. 748 [para. 15].

Counsel:

Michael L. Pollock (Pollock Stothert- Kennedy), for the plaintiff;

Jean McBean, Q.C., (McBean Becker), for the defendant.

This action was heard on May 16, 2000, before Johnstone, J., of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following judgment on June 13, 2000.