Following dismissal of a family law application, the court determined the appropriate costs award.
Although the respondent was wholly successful, the court found the application raised a unique issue for which counsel could not identify directly applicable jurisprudence.
The court concluded that the proceeding was not frivolous or unreasonable despite the applicant’s lack of success.
As a result, the successful respondent was awarded costs on a partial indemnity scale rather than a higher scale.
Costs were fixed in a lump sum inclusive of disbursements and taxes and ordered payable forthwith.
