A. Sean Jones

Following a successful motion and trial of issues to enforce a settlement agreement, the applicant sought costs on a full indemnity basis totaling over $95,000.

The respondent argued for a set-off or a lower award due to her modest financial resources.

The court awarded costs to the applicant on a partial indemnity basis, noting that full indemnity was not warranted and considering proportionality and the respondent's ability to pay.

The respondent was ordered to pay a global amount of $40,221.22 in monthly installments over three years.

The applicant sought court assistance to compel financial disclosure from corporations associated with the respondent within the context of a family law arbitration.

The arbitrator had previously ordered disclosure but concluded the respondent had not fully complied and lacked jurisdiction to compel production from non-party corporations.

The court ordered the respondents to produce the information listed in an exhibit and required the applicant to execute a confidentiality agreement covering all disclosed materials.

The court upheld the arbitrator’s direction that the respondent bear the costs of locating and compiling disclosure while the applicant would pay photocopying at the Legal Aid rate.

The applicant was found substantially successful and awarded partial costs of the motion.