Alden L. Birman

This endorsement addresses the issue of costs following an interim motion where the respondent was successful on all issues, including spousal support, child support for an adult child, and the sale of the matrimonial home.

The respondent sought substantial indemnity costs, relying on an offer to settle.

The court found the respondent entitled to full recovery costs after the offer to settle, but adjusted the claimed hourly rate from $400.00 to $350.00, disallowed travel time, and reduced claimed disbursements due to lack of specific receipts.

The court fixed costs at $8,486.00, inclusive of HST and disbursements, payable by the applicant within 30 days.

The parties separated in 2012.

The respondent moved for interim spousal support, while the applicant moved for child support for their adult disabled child and the immediate sale of the jointly owned matrimonial home.

The court granted the respondent interim spousal support of $1,500 per month, finding a prima facie case for entitlement based on the significant income disparity between the parties.

The court dismissed the applicant's motions for child support and the immediate sale of the matrimonial home, deferring both issues to trial.