Jason Murphy

The father issued a Notice of Garnishment to collect a $6,500 costs award previously ordered against the mother.

The mother's employer began garnishing 20% of her net pay, amounting to approximately $420 per month.

The mother sought to reduce the garnishment to $250 per month, citing financial hardship and the needs of the three children in her care.

The court found that the current garnishment amount caused hardship to the mother and the children, and exercised its discretion under Rule 29(19) of the Family Law Rules to reduce the maximum garnishment to $250 per month.

The appellants, directors of a preservation society, appealed a non-party costs award of $105,852.14 made against them personally following an unsuccessful application regarding the use of church lands and trust funds.

The Court of Appeal found that while the application judge did not err in concluding the litigation was not public interest litigation, he erred in awarding costs personally against the directors.

The Court held that the directors did not stand to gain personally, were not acting to vindicate a private interest, and did not receive adequate warning that costs would be sought against them personally.

The appeal was allowed and the personal costs order was set aside.