Following a family law trial involving spousal support, child support, and claims for section 7 expenses, the parties were unable to agree on costs.
The respondent sought $52,000 in costs, while the applicant argued success was divided but conceded that $25,000 would be appropriate if costs were awarded.
Applying s. 131 of the Courts of Justice Act and Rule 24 of the Family Law Rules, the court assessed the relative success of the parties, their conduct, and their financial circumstances.
The court found the respondent was largely successful, particularly on the central issue concerning the applicant’s income and the resulting support obligations.
The court fixed costs payable to the respondent at $42,000 inclusive of disbursements.