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Successful applicant in family law trial awarded $40,000 in costs based on proportionality and reasonableness.
Following a four-day family law trial regarding spousal support and equalization of net family property, the successful applicant sought costs of $130,065.45 on a full recovery basis.
The applicant argued that the newly amended Rule 24(11) of the Family Law Rules should apply retrospectively to allow costs for all pre-trial steps.
The court declined to apply the rule retrospectively, following recent jurisprudence.
Applying the principles of proportionality and reasonableness, the court awarded the applicant costs fixed at $40,000 inclusive of disbursements, plus HST.
Equalization of $403,421 ordered with pension divided at source; spousal support awarded to traditional wife.
The parties separated after a 32-year traditional marriage.
The applicant sought spousal support, an equalization of net family properties, and a divorce.
The court ordered the respondent to pay an equalization payment of $403,421.14, which included the division of his federal pension at source.
The court imputed income to the respondent from his private corporation and ordered him to pay spousal support of $1,800 per month until the pension transfer, reducing to $375 per month thereafter.
The court dismissed the respondent's claim that an equal division of net family properties would be unconscionable.
