Bramwell v. Bramwell, 2012 NSSC 189

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Bramwell v. Bramwell, 2012 NSSC 189 Date: 20120515 Docket: 1201-064806 Registry: Halifax Between: Robert Bramwell Petitioner v. Danielle Bramwell Respondent LIBRARY HEADING Judge: The Honourable Justice Moira C. Legere Sers Heard: March 28, 2012 in Halifax, Nova Scotia Subject: Costs

Summary: Respondent obtained a lump sum (less than requested) and periodic spousal support. The petitioner failed to appear and comply with disclosure. Result: Costs award of $5,000. THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET .

SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Bramwell v. Bramwell, 2012 NSSC 189 Date: 20120515 Docket: 1201-064806 Registry: Halifax Between: Robert Bramwell Petitioner v. Danielle Bramwell Respondent Judge: The Honourable Justice Moira C. Legere Sers Heard: March 28, 2012 in Halifax, Nova Scotia Counsel: Robert Bramwell, Self-Represented - NOT PRESENT Timothy G.

Daley, Q.C. counsel for Danielle Bramwell By the Court: [ 1 ] I have considered the request of the respondent for costs. [ 2 ] This was a straightforward request for a lump sum and/or periodic spousal support complicated by the fact that after the petitioner retained counsel he left the jurisdiction during the process of disclosure.

[ 3 ] The petitioner was aware of the claims and the directions to disclose and failed to communicate with his lawyer in response to the requests for disclosure. [ 4 ] The Court accommodated a request by the respondent's lawyer to appear by telephone for a pre-trial conference, thus reducing the respondent's costs. [ 5 ] The hearing was originally scheduled for two days and was completed in ½ day. [ 6 ] The respondent asked for lump sum spousal support of $130,381 or in the alternative, indefinite monthly support of $1,395 and an unequal division of her pension with a division of debts. [ 7 ] The lump sum was requested because the petitioner moved to a jurisdiction that was not a participant in the enforcement of foreign support orders.

Enforcement of the order would likely be problematic. [ 8 ] The Court awarded lump sum spousal support of $20,064 combined with a monthly periodic support award until varied by a court or agreement of the parties. [ 9 ] The respondent was successful in the division of debts' claim. [ 10 ] Tariff A, Scale 2, Basic, results in an award of $4,000 costs. I add $1,000 for the hearing time for a total award of costs in the amount of $5,000. [ 11 ] The respondent's counsel shall draft the order. Legere Sers, J.