Following a family law motion involving child support, spousal support, and the sale of the matrimonial home, both parties sought costs claiming substantial success.
The court considered the presumptive rule that costs follow the event under Rule 24(1) of the Family Law Rules, while recognizing that success on the motion was divided.
Although neither party’s conduct justified a costs penalty, the court took into account the applicant’s prior offer to settle under Rule 18.
The court determined that the applicant had achieved success on a primary issue, namely the ordered sale of the matrimonial home, and awarded partial indemnity costs.
Costs were fixed at $3,500 and made payable from the respondent’s share of the net proceeds of sale.
