Decision Content
Kaylo v. Kaylo, 2005 NWTSC 32 Date: 2005 03 21 Docket: S-001-DV6101-03470 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES BETWEEN: ALAN KAYLO Petitioner -and- KELLY MARIE KAYLO Respondent MEMORANDUM OF RULING ON COSTS The Petitioner, who was successful on his application as described in Kaylo v. Kaylo, 2005 NWTSC 1, seeks solicitor/client costs of that application. The Respondent responds that costs, if awarded at all, should be payable on a party party basis only. Having read the submissions filed, I find that this is not a case where the Respondent’s conduct can be characterized as reprehensible, scandalous or outrageous. Nor does it call out for the Court to use costs to mark disapproval of the Respondent’s conduct: Woodley v. Yellowknife Education District, 2000 NWTSC 7. The application was argued in a regular Chambers hearing of short duration and the issues were succinctly stated. I see no reason to depart from the current tariff in these circumstances. Nor do I consider the photographs to be relevant, as the Respondent suggests they are, as that issue was adjourned and not argued before me. The Petitioner will have his costs on a party party basis. VA. Schuler J.S.C. Dated at Yellowknife, NT this 21st day of March, 2005. Counsel for the Applicant: Katherine R. Peterson, Q.C. Counsel for the Respondent: Sheila MacPherson
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