Charapovich v. Charapovich, 2022 NSSC 195

Supreme Court of Nova Scotia (FAMILY DIVISION) Citation: Charapovich v. Charapovich , 2022 NSSC 195 Date: 20220711 Docket: No.1201-073530; SFHD - 122606 Registry: Halifax Between: Hanna Charapovich Petitioner v. Vitali Charapovich Respondent Library Heading Judge: The Honourable Justice Elizabeth Jollimore Written Submissions: February 28, 2022, by Pavel Boubnov June 3, 2022 by Vitali Charapovich Written Decision: July 11, 2022 Key words: Costs

Summary: Wife was successful in her application to deny recognition of a foreign (Belarusian) divorce and was awarded costs of $2,000 in the cause. Legislation: Civil Procedure Rule 77, Tariff C THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET. IN THE SUPREME COURT OF NOVA SCOTIA (FAMILY DIVISION) Citation: Charapovich v. Charapovich , 2022 NSSC 195 ENDORSEMENT July 11, 2022 Hanna Charapovich v.

Vitali Charapovich 1201-73530; SFH-D 122606 Submissions: Pavel Boubnov for Hanna Charapovich on February 28, 2022 Vitali Charapovich on June 3, 2022 Decision: Vitali Charapovich will pay Hanna Charapovich costs of $2,000 in the cause. 1 . In February 2022, I granted Hanna Charapovich’s claim to deny recognition of a foreign divorce under

section 22 of the Divorce Act , R.S.C. 1985 (2 nd Supp.), c. 3 following a 3 hour hearing. 2 . Ms. Charapovich now seeks costs of $6,000. She says the amount involved was less than $25,000 which justifies an award of $4,000 under Tariff A and she should receive a further $2,000 for the day of hearing. 3 . Mr. Charapovich says that awarding Ms. Charapovich costs could be unfair to him, considering her “behavior and may not be in the best children’s interests”. 4 . Mr. Charapovich alleges that she was untruthful or deliberately inaccurate, made false and misleading claims and lied under oath,

but he has offered no proof of these allegations. He simply argues them in his submissions. 5 . Ms. Charapovich made overly broad and general statements in her affidavit. These statements exaggerated circumstances that were not relevant to whether I should recognize the foreign divorce. 6 . Mr. Charapovich suggested that Ms. Charapovich’s opposition to the foreign divorce served no purpose but to delay the arrival of his partner to Canada (though his partner arrived in Canada before Ms. Charapovich’s application was heard). 7 . Applying the Tariff is the norm, and I must have a reason to depart from it. 8 .

We usually use Tariff A in the Family Division because, though most matters we hear are applications, they are more in the nature of trials. Here, however, the hearing was more consistent with an application, so I apply Tariff C. 9 . Given the duration of the hearing, I award Ms. Charapovich costs of $2,000 and I order they be payable in the cause. Directions: I have prepared the costs order which I enclose. Elizabeth Jollimore, J.S.C.(F.D.)