Cheryl B. Mounsey

The applicant sought costs following her successful motion for partition and sale, while the respondent opposed and sought his own costs based on partial success on his motion regarding the treatment of future income loss and Family Law Act claims.

The court found the applicant was entitled to costs for her motion, as the respondent's opposition lacked merit and he had failed to file pleadings.

The court acknowledged the respondent's mixed success on his motion and arbitrarily reduced the applicant's costs award by $1,000 to account for it.

The applicant was awarded total costs of $4,081.62.

The applicant brought a motion for the partition and sale of the jointly owned matrimonial home, which the respondent opposed.

The respondent brought a cross-motion seeking a determination on whether monies received by the applicant from a motor vehicle accident settlement were excluded from net family property.

The court granted the partition and sale, noting the respondent had not filed an answer claiming exclusive possession or equalisation.

Regarding the settlement monies, the court held that damages for pain and suffering and loss of guidance, care, and companionship were excluded property.

However, the court found that damages for future income loss accrued prior to the valuation date must be included in net family property, and deferred the determination regarding future care costs to trial.