Annemarie Roodal

Following a contested custody and access motion, the successful party sought costs of $8,613.93 despite being represented through legal aid.

The opposing party argued success was divided and no costs should be awarded.

The court applied Rule 24 of the Family Law Rules, considering partial success, settlement offers, party conduct, and reasonable expectations regarding legal costs.

The court held that legally aided status does not affect the assessment of costs and found the hourly rate sought reasonable.

Balancing the factors, the court awarded reduced costs reflecting partial success by the opposing party.

The applicant moved for temporary spousal support, while the respondent moved for possession and sale of the matrimonial home, dispensing with the applicant's consent for the sale, and a restraining order.

The court awarded temporary spousal support to the applicant, imputing a modest income to her while recognizing her need and language barriers.

The court ordered the sale of the matrimonial home but declined to dispense with the applicant's consent or to issue a restraining order due to lack of evidence.

Costs were awarded to the successful applicant.