Brian Korb

Following several family law motions addressing delay, disclosure, and spousal support, the court determined costs between the parties.

One respondent’s motion to dismiss for delay and reduce spousal support was dismissed, while added respondents successfully obtained dismissal of the applicant’s claims against them for delay.

Applying Rule 24 of the Family Law Rules, the court held that costs generally follow the event and awarded partial indemnity costs accordingly.

The applicant was awarded partial indemnity costs against one respondent for his unsuccessful motion, while the added respondents were awarded their costs for both the dismissal motion and a prior 14B motion.

The court reduced the amount sought for the 14B motion for proportionality.

Multiple respondents brought motions to dismiss a family law application for delay.

The applicant had commenced claims including trust claims against extended family members and a family business but failed to advance the matter for nearly five years following procedural directions requiring particulars and disclosure.

The court held that the delay was inordinate and unexplained and that prejudice to the added respondents was presumed and not rebutted, particularly where particulars had never been provided and documentary evidence had been lost.

The claims against the added respondents were therefore dismissed for delay.

However, the court declined to dismiss the claims against the spouse because family law proceedings between spouses involve ongoing issues such as support and property equalization and both parties contributed to the delay.