Supreme Court

Decision Information

McCagg v McCagg

Court Supreme Court
Date 1997-02-12
File numbers 6101-02410
Judge(s) Schuler
Location Yellowknife
Cases and statutes considered Cases considered:
Inkit Ltd. v. Polar Parkas Ltd. (December 18, 1995 S.C.N.W.T. CV 02525)
Viswalingam v. Viswalingam, (1996) N.W.T.R. 342
MCGrath v. Holmes, (June 12, 1996 S.C.N.W.T. CV 04084 and 6101-02266)

Statutes considered:
Rules of the Supreme Court of the Northwest Territories, 1979, Rule 173 to 190, 541
Decision information:

Summary: Two day divorce trial covering eight matrimonial property issues still in dispute and spousal support. Petitioner substantially successful and asks for costs. Respondent had offered verbal then written offer to settle, but did not pay money into court as regulated by 1979 Rules of Court. Rules provided successful litigant has no right to costs, but a reasonable expectation of receiving them subject to Court's discretion. Court found petitioner substantially successful at trial and no ground related to the conduct of the action which would justify denying her costs.
Decision: Petitioner awarded costs of $7,000.00
Subjects: Costs - Factors affecting entitlement to or quantum of costs - Offer to settle

Decision Content

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