Amrit Kaur Bhangu

The applicant wife sought costs after successfully defending a motion brought by the respondent husband, which was dismissed due to his failure to file an Answer and lack of evidentiary foundation.

The court, applying Rule 24(1) of the Family Law Rules, found the wife entitled to costs.

While she sought $5,821.93, the court fixed costs at an all-inclusive sum of $3,000, considering the reasonableness for the unsuccessful party to pay, rather than the actual costs incurred by the successful litigant.

The respondent husband brought a motion seeking various deductions from the applicant wife's share of the proceeds from the sale of the matrimonial home, including claims for household contents, an abandoned vehicle, utility bills, and an alleged loan.

The wife argued the husband had no standing to bring the motion as he had failed to file an answer in the proceeding.

The court agreed, finding the husband had no standing under the Family Law Rules.

In the alternative, the court reviewed the merits of the husband's claims and dismissed them entirely due to a lack of evidentiary support.

The net proceeds of the sale were ordered to be divided equally.

The respondent husband brought a motion to set aside prior family court orders granting a divorce, ordering the sale of the matrimonial home, granting exclusive possession to the applicant wife, and authorizing her to sign documents for the sale.

He alleged he had not been served with the original application or a subsequent motion that led to his eviction from the home.

The court found he had been properly served with the application and was deemed served under the Family Law Rules, and that his failure to file an answer meant he was not entitled to further notice of steps in the case.

Applying the test for setting aside a default judgment, the court concluded the moving party had no plausible excuse for the default and no arguable defence on the merits.

The motion was dismissed and the applicant wife was granted additional compensation from the moving party’s share of the sale proceeds for charges placed against the property.