A costs decision arising from a motion to change child and spousal support provisions in a separation agreement.
The parties settled all substantive issues by minutes of settlement dated April 13, 2017, but disputed costs.
The applicant sought costs on a partial indemnity scale in the amount of $22,096.13, claiming the respondent acted unreasonably.
The respondent sought costs on a substantial indemnity basis in the amount of $12,091, claiming the applicant's unreasonable conduct increased legal expenses.
The court found the applicant acted unreasonably by insisting on immediate support adjustments based on speculative income projections before year-end disclosure was available, and by failing to address the respondent's requests for adjustment of 2015 child support.
The court awarded costs to the respondent in the amount of $9,000, inclusive of HST and disbursements.
