Alden L. Birman

The applicant brought a motion for leave to appeal a lower court order.

The Divisional Court dismissed the motion for leave to appeal and ordered the applicant to pay costs of $4,500 to the responding party.

The Respondent brought a motion for summary judgment to enforce an alleged settlement agreement reached during a settlement meeting.

The Applicant, who was self-represented at the meeting, denied a binding agreement was formed, asserting discussions were for settlement purposes only.

The court dismissed the Respondent's motion, finding no binding agreement due to a lack of consensus on essential terms, vagueness regarding equalization and spousal support, and the Applicant's lack of independent legal advice, which prevented informed consent.

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.