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The court awarded full indemnity costs to the applicant due to the respondent's bad faith conduct, including evading service and failing to provide financial disclosure.
This is a costs endorsement following an undefended trial in a family law matter.
The Applicant sought full recovery costs, arguing the Respondent's conduct amounted to bad faith, including evading service, failing to provide financial disclosure, and engaging in disturbing and malicious behaviour.
The Respondent contended his conduct did not reach the level of bad faith and that he was partially successful at trial.
The court found the Respondent's protracted and egregious conduct, including a "catch-me-if-you-can" approach to financial disclosure and malicious actions, met the test for bad faith, warranting an award of full recovery costs to the Applicant.
The court dismissed the Respondent's arguments regarding partial success and the Applicant's offers to settle.
Costs of $3,500 awarded to the respondent due to the applicant's unreasonable conduct regarding a property agreement.
Following competing motions regarding the jointly owned matrimonial home, both parties sought costs.
The respondent had successfully moved to refinance the property, while the applicant's motion for immediate partition and sale was dismissed.
The court found that the applicant acted unreasonably by attempting to resile from a prior agreement regarding the refinancing.
The respondent was awarded costs fixed at $3,500.
