Ainaz Jiwa

Following a four-day family law trial involving divorce, the validity of a marriage contract, equalization, and spousal support, the court addressed costs.

The respondent had succeeded in setting aside the marriage contract and obtaining both equalization and spousal support, though she failed on claims for damages and to set aside a conveyance of property to the applicant’s sons.

The court rejected both parties’ submissions that substantial indemnity costs were warranted, finding neither the alleged disclosure issues nor purported fraud allegations justified such an award.

Applying partial indemnity principles and considering the respondent’s greater success on the major issues, the court fixed costs in her favour but reduced them to reflect partial success.

The applicant husband sought a divorce, and the respondent wife claimed equalization, spousal support, tort damages, and the setting aside of their marriage contract.

The court set aside the marriage contract, finding the wife did not understand its nature or consequences and lacked meaningful independent legal advice.

The court dismissed the wife's claim that the husband's sons held the matrimonial home in trust for him, finding a valid gift was made.

The husband was ordered to pay an equalization payment of $20,373.67 and ongoing spousal support of $200 per month, along with retroactive arrears.

The wife's claim for tort damages was dismissed.