In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs?
British Columbia, Canada
The following excerpt is from Uram v. Uram, 1983 CanLII 555 (BC CA):
In this case the learned trial judge made reference to that passage in Vance v. Vance and then continued at p. 874 [p. 110 [B.C.L.R.]]: Unwarranted delay and obfuscating of evidence there were here present, but perjury I do not find. On the whole I think justice would be done by awarding the wife her costs on a party and party scale on both the claim and counterclaim with this addition, namely, that the husband shall pay solicitor and client costs on those proceedings and adjournments made necessary by his failure to adhere to the rules of court and court orders made to force him to comply. The formal order contained those directions with respect to costs.
In disposing of costs in that way, the learned trial judge was exercising a discretion. Counsel for the wife contended that he erred in principle by placing too much emphasis on the reference in Vance v. Vance to perjury.
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