Brian Pilley

Following the dismissal of the application, the successful respondent sought partial indemnity costs of $15,084.47.

The applicant argued the amount should be between $4,152.75 and $5,339.25.

Applying the factors in Rule 57.01(1) and the principle of proportionality, the court fixed costs at $12,000 inclusive of disbursements and HST, noting the importance of the case to the respondent and the legal issues involved.

The applicant, a judgment creditor of the respondent's ex-husband, sought a declaration of entitlement to the ex-husband's share of the proceeds from the sale of a matrimonial home.

The proceeds had been ordered held in trust by a judge in the divorce proceedings to secure future child and spousal support obligations.

The applicant argued that his writ of seizure and sale had priority under the Creditors' Relief Act.

The court dismissed the application, holding that the trust was validly created under the court's equitable jurisdiction and the Divorce Act, and that any attempt to vary the order must be brought within the matrimonial proceedings rather than as a collateral attack.