2 total
The court awarded the successful mother $11,769.90 in costs, emphasizing that legally aided litigants are entitled to standard costs and sanctioning the father's unreasonable conduct.
This decision concerns the costs of a two-day family law trial.
The applicant mother sought costs of $11,769.90, while the respondent father disputed this and sought $13,392.
The court found the mother to be the successful party, as many issues were resolved in her favour or aligned with her initial offers.
The father's conduct, including attempting to raise new claims at trial and making a late, unreasonable offer, was deemed unreasonable.
The court emphasized that costs serve to indemnify successful litigants, encourage settlement, and discourage inappropriate behaviour.
The father was ordered to pay the mother $11,769.90 in costs.
The court dismissed a wife's motion to amend her separation date to avoid an expired limitation period.
The Applicant sought to amend her application to change the date of separation from September 2005 to December 2012, which would bring her equalization claim within the limitation period.
In the alternative, she sought to amend her application to seek an extension of the limitation period.
The court dismissed the motion to change the separation date, finding no triable issue, no reasonable explanation for the change in position, and significant prejudice to the Respondent.
The court granted leave to amend the application to seek an extension of the limitation period, but the merits of the extension were not decided.
The Applicant was ordered to pay costs for the motion and for the Respondent's amended answer.
