10.28: Definition of “party”
10.29: General rule for payment of litigation costs
10.30: When costs award may be made
10.31: Court-ordered costs award
10.32: Costs in class proceeding
10.33: Court considerations in making costs award

Case Summary

After Richardson J. granted a Judgment of Divorce, divided the parties’ matrimonial property, and ordered the payment of child and spousal support, the parties could not agree on Costs. Both the husband and wife argued that they had been “more successful” than the other in the Action, and therefore that they were entitled to Costs.

Richardson J. first noted that authority to award Costs is governed by Rules 10.28 to 10.33, and that Costs should be awarded in a manner that is fair, efficient, just, and cost-effective. Her Ladyship further explained that one goal of Costs is to offset the financial impact of being forced to attend Court without valid reason, and that Rule 10.33 lists additional factors that the Court may consider in awarding Costs. Ultimately, because the parties enjoyed mixed success, Richardson J. ordered that they each bear their own Costs.

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