SUPREME
COURT OF NOVA SCOTIA (FAMILY DIVISION)
Costey v. Rundle, 2019 NSSC 365
ENDORSEMENT
December 10, 2019
Sharon Eileen Costey v. Robert
William Rundle
1201-069380; SFH-D 100062
• Sharon Costey, self-represented
• Gordon R. Kelly for Robert Rundle
Request for costs of $1,000.00.
Decision:
Ms. Costey shall pay Mr. Rundle costs of $1,000.00 on or before January 31, 2020.
Reasons:
1.
When Ms. Costey petitioned for divorce
in March 2016, she claimed spousal support. In October 2018, she filed a
motion to enforce an oral settlement she claimed the parties had reached. In
the pre-conference summary she filed on August 16, 2019, Ms. Costey claimed the
only outstanding issue was the property division and she confirmed at the
conference on August 20, 2019, that she was withdrawing her claims for spousal
support and for enforcement of the oral agreement she says the parties had
reached.
2.
Mr. Rundle asks for costs thrown away.
3.
Mr. Rundle was required to prepare and
file a Statement of Income and a Statement of Expenses to respond to the claim
for spousal support: Civil Procedure Rule 59.22(2). Mr. Rundle seeks $500.00
for the expense he incurred in preparing these Statements.
4.
In support of her motion to enforce the
oral agreement she said the parties reached, Ms. Costey filed a 38 page
affidavit. There was lengthy discussion of this motion at the pre-hearing
conference on October 25, 2018. I have earlier released an endorsement
addressing when her motion would be heard: Costey v. Rundle, 2018 NSSC
276.
5.
Mr. Rundle seeks $500.00 for the expense
he incurred in having counsel review Ms. Costey’s motion, prepare for the
pre-hearing conference and address the motion at the conference.
6.
I may award costs “for any act or
omission or a person in relation to a proceeding”: Civil Procedure Rule
77.12(1).
7.
Ms. Costey’s submissions on costs were
due on October 29, 2019. She filed no submissions then. After that date, her
counsel was discharged and a new date for filing costs submissions was set.
Ms. Costey filed her submissions, as required, by the new deadline.
8.
Ms. Costey asks to be exempted from
paying costs, saying she lacks the financial means to start or defend the
proceeding and should be exempted from paying costs. She refers to the 1972
Civil Procedure Rules. Her request is governed by Civil Procedure Rule 77.04.
9.
Ms. Costey has not filed a motion to be
relieved from liability to pay costs and no motion is scheduled. Trial dates
have been scheduled, so Ms. Costey requires leave if she is to bring any
motion.
10. Ms. Costey began this action in March 2016. Mr. Rundle’s request for costs has been outstanding since the parties attended a conference in August 2019.
11. It is appropriate that Mr. Rundle be awarded costs for the expenses he incurred to respond to Ms. Costey’s claims. The amount sought is reasonable. Ms. Costey will pay Mr. Rundle $1,000.00 on or before January 31, 2020.
_____________________________
Elizabeth
Jollimore, J.S.C.(F.D.)