How has Rule 77 been interpreted in matrimonial matters?

The difficulty in applying Rule 77 in family matters is recognized by A.C.J. O’Neil in Robar v. Arseneau, [2010] N.S.J. No. 593, at para. 17: 17 Arriving at a costs assessment in matrimonial matters is difficult given the often mixed outcome and the need to consider the impact on an onerous costs award on the families; and the children in particular. The need for the court to exercise its discretion and to move away from a strict application of the tariffs is often present.