Crystal Heidari

Following a trial where the applicant was awarded $3 million in lump-sum spousal support, the court determined the applicant's entitlement to prejudgment interest and costs.

The court awarded $129,698 in prejudgment interest, finding no reason to exercise its discretion to disallow it.

The court also awarded the applicant $670,000 in costs, noting she was entirely successful on the primary issue of spousal support and had made a qualifying offer to settle that entitled her to full recovery of costs from the date of the offer.

The applicant sought full indemnity costs of $35,747.55 following cross-motions regarding parenting arrangements, mobility, and daycare.

The applicant argued entitlement to enhanced costs because he served three offers to settle that were as favourable or less favourable than the final order, pursuant to Rule 18(14) of the Family Law Rules.

The respondent argued no costs should be ordered as she litigated in good faith.

The court found the applicant was entitled to full indemnity costs for the issues of parenting time and mobility from the date of his March 1, 2022 offers.

Considering proportionality and the reasonable expectations of the parties, the court fixed costs payable by the respondent to the applicant at $25,000.

The respondent mother brought an urgent motion for the return of the parties' two young children and the suspension of the applicant father's parenting time.

The father had unilaterally withheld the children, claiming the mother was abusing them, and locked out the professional supervisor.

The court found the father's abuse allegations to be unsubstantiated and his conduct raised serious concerns about his stability and the children's safety.

The court ordered the immediate return of the children, suspended the father's in-person parenting time, and included a police enforcement clause.