Bruno Sharpe

The applicant brought a motion to enforce interim without prejudice Minutes of Settlement requiring the respondent to pay spousal support of $1,697 per month.

The respondent had previously obtained a reduction to $776 per month on an interim basis due to a material change in circumstances arising from mental health issues and reduced working hours.

The court found sufficient medical evidence of a material change in circumstances, including a recent knee replacement surgery, to justify not enforcing the original settlement amount at this stage.

The motion was dismissed, and the reduced support order was continued pending further medical disclosure and a case conference.

Following a motion regarding custody, access, and child support, the respondent father sought costs.

The applicant mother argued that success was divided and no costs should be payable.

The court found that the father was substantially successful on the access and child support issues, while the mother was only successful on the minor issue of shared transportation.

Applying the factors under Rule 24 of the Family Law Rules, the court rejected the mother's argument of divided success and awarded costs to the father on a partial indemnity basis in the amount of $1,405.76.