This decision addresses the costs of a six-day family law trial where the applicant, Michelle Grasso, was successful against the respondent, Rishi Bhatt, but unsuccessful against the Third Party Respondent, Dr. Gunvantrai Bhatt.
Dr. Bhatt was partially successful in his counter-claims against Ms. Grasso.
Dr. Bhatt sought costs against Ms. Grasso, arguing entitlement as the successful party and for full indemnity costs after a rejected settlement offer.
Ms. Grasso opposed, citing financial hardship and partial success against Rishi Bhatt.
The court, exercising judicial discretion, considered the parties' disparate financial positions, Ms. Grasso's unmeritorious claim against Dr. Bhatt, and Dr. Bhatt's unreasonable conduct during trial.
The court awarded Dr. Bhatt $41,716 in costs against Ms. Grasso, reducing the amount due to Dr. Bhatt's conduct and some unreasonable claims, and granted Ms. Grasso one year to make the full payment.