SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Abbott v. Abbott , 2014 NSSC 229 Date: 2014-06-19 Docket: No. 1201-66344 Registry: Halifax Between: Warren Burton Abbott Petitioner v. Angela Marie Abbott Respondent Judge: The Honourable Justice Deborah Gass Heard: April 14, 17 & 25, 2014, in Halifax, Nova Scotia Written Costs Submissions: May 1 & 26, 2014 Counsel: Warren Burton Abbott, Petitioner Tanya G. Nicholson, counsel for Respondent By the Court: [ 1 ] In this proceeding both parties claim costs against the other.

The court has received written submissions supporting their respective positions. [ 2 ] I do not propose to recite the oft cited case law and Civil Procedure Rules which are relevant to this phase of the proceedings. [ 3 ] The main issue before the court was the claim by Mr. Abbott for one half of what he asserted was matrimonial debt. [ 4 ] The court resolved that issue in favour of Ms. Abbott. [ 5 ] The value of the matrimonial home was in issue, but no evidence to support a greater value than that put forward by Ms.

Abbott with the supporting evidence she provided, was presented. [ 6 ] A third issue was spousal support wherein Mr. Abbott sought a termination of his obligation. Although no termination date was ordered, the spousal support order was reduced by $200.00. [ 7 ] It is correct, as Mr. Abbott argues, that the issue of determining whether certain debts were matrimonial, is a reasonably justiciable issue and was therefore not a frivolous claim. Mr. Abbott himself incurred costs in this proceeding as well. [ 8 ] However, Ms. Abbott was the substantially successful party, and as such is entitled to costs.

Given all of the circumstances I find that costs of $4,000.00 are in order. These costs, together with the previous costs order o $200.00 ($4,200.00) shall be deducted from the equity owed to Mr. Abbott from the property division. Gass, J.