A. Chapman Counsel

This was a costs endorsement following a family law motion heard over three days, including issues relating to sale of the matrimonial home, payment of utilities, and a contempt allegation.

Treating the three hearing dates as a single motion, the court found the applicant was substantially successful even though contempt relief was refused.

The respondent had deliberately breached an earlier order by placing the home in mortgage default as a form of self-help, which the court held warranted sanction through costs.

Substantial indemnity costs were awarded to the applicant and fixed at $8,206.89.

The applicant brought a family law contempt motion alleging breach of prior orders requiring interim support, mortgage and household expense payments, provision of a credit card for gas, and cooperation in listing the matrimonial home for sale.

The court held that the monetary obligations, including the gas credit card arrangement, were payment orders within the meaning of the Family Law Rules and therefore could not be enforced by contempt.

As to the non-monetary provisions relating to sale preparation and listing of the home, the competing affidavit record did not establish wilful breach beyond a reasonable doubt.

The contempt motion was dismissed.