Brenda D. Barr

Following competing family law motions, the court requested submissions on costs.

The applicant argued that she had been more successful and sought costs pursuant to Rule 24(1) of the Family Law Rules.

The respondent submitted that the result reflected mixed success and that no costs order should be made.

The court found that both parties achieved partial success on the issues, including preservation orders and limited access to funds, and that neither party could be said to have prevailed overall.

Accordingly, the court declined to award costs.

In a family law proceeding following separation, both parties brought motions regarding access to and preservation of joint investment assets pending resolution of property and support issues.

The applicant sought exclusive monthly withdrawals from a joint investment account and preservation of the respondent’s assets, while the respondent sought division of the account or equal access to it.

The court declined to divide the account at this stage but ordered interim monthly withdrawals from the joint account of $6,500 to the applicant and $3,000 to the respondent.

The respondent was also permitted to withdraw $200,000 to address outstanding debts, credited against his eventual share.

A preservation order was granted over the parties’ assets to maintain the financial status quo pending further proceedings.