Rule Details
SHIKINA v ERZYAYKIN
Rules Discussed
- Rule 9.4 Signing judgments and orders
- Rule 10.29 General rule for payment of litigation costs
- Rule 10.33 Court considerations in making costs award
- Rule 13.1 When one judge may act in place of or replace another
Case Summary
A Summary Trial of the parties’ divorce was heard by Justice Hopkins. Unfortunately, Justice Hopkins passed away before rendering his decision. Rule 13.1 allows one judge to act in place of another in case of death. Associate Chief Justice Nielsen agreed to consider the Plaintiff’s case.
Nielsen ACJ looked at the transcripts, record, and evidence that was before Justice Hopkins. The Plaintiff agreed with this process and made no further submissions. The Defendant did not appear at trial and failed to participate in proceedings since.
The Plaintiff was successful on most of her requests at trial. In awarding costs in the full amount sought by the Plaintiff, Nielsen ACJ considered the Plaintiff’s success at trial, the Defendant’s non-attendance at trial, and the amounts owed by the Plaintiff to Legal Aid.
The Court prepared the Judgment and invoked Rule 9.4(2)(c) to dispense with the parties’ need to approve its form.