The respondent brought a motion challenging the Superior Court's jurisdiction to hear the applicant's claim for corollary relief under the Divorce Act, given a separation agreement previously filed in the Ontario Court of Justice.
The respondent subsequently withdrew the motion but still sought an order for mediation and costs.
The court determined that the applicant was the successful party, as the court did have jurisdiction to hear the corollary relief application.
The court declined to reserve costs to the trial judge and ordered the respondent to pay costs of $11,000 to the applicant.
