Following a mid-trial settlement of spousal support and equalization issues, the applicant sought costs on a full or substantial indemnity basis.
The court found that the respondent engaged in unreasonable behaviour by failing to pay temporary spousal support for 14 months and by transferring the former matrimonial home to his son in direct contravention of a non-depletion order.
While the court declined to find bad faith under Rule 24(10) of the Family Law Rules, it awarded the applicant substantial indemnity costs of $38,029.95 under Rule 24(14) to sanction the respondent's conduct.
