This ruling addresses the costs of a six-day trial concerning a father's motion to change and a mother's response, primarily focused on spousal support and child support termination.
The court had previously dismissed the father's claims to set aside a consent order and terminate spousal support, and the mother's claim for student loan contributions, while ordering increased spousal support for the mother without a termination date.
The mother sought approximately $80,000 in costs, and the father argued for no costs or a maximum of $15,000.
The court found the mother to be the successful party on the most significant issue (spousal support) and awarded her $55,000 in costs, inclusive of HST and disbursements.
The decision considered the importance and complexity of the issues, the parties' behaviour, and offers to settle, ultimately declining to impose increased costs for unreasonable behaviour.
