David Reid

The respondent mother requested an addendum to a costs order to stipulate that the $54,700 costs award is enforceable under the Family Responsibility and Support Arrears Enforcement Act, 1996.

The applicant father opposed the request, arguing that his recent bankruptcy filing extinguished the debt.

The court rejected the father's argument, noting that support debts are not extinguished by bankruptcy and that the costs order related to a trial where spousal and child support were key issues.

The court granted the request, ordering the costs to be treated as a support order enforceable under the Act.

Following a four‑day family law trial in which the respondent mother was successful on issues of spousal support, child support, medical benefits coverage, and compliance with a prior order, the court determined the appropriate costs award.

The successful party sought full recovery of over $72,000 in legal fees and disbursements.

The court found that although the mother was clearly the successful party and the father had behaved unreasonably in some respects, the offer to settle had not been technically met or exceeded.

Applying the Family Law Rules, the court awarded partial indemnity costs for the period prior to a change in counsel and substantial recovery thereafter.

The court fixed total costs at $54,700 payable within thirty days.

The applicant father and respondent mother separated after a 13-year marriage.

The mother, who was the primary caregiver and suffered from severe medical disabilities, sought ongoing spousal support, child support, and section 7 expenses.

The father argued he could not afford the support and disputed certain expenses.

The court found the mother entitled to indefinite spousal support on both compensatory and need bases, ordering the father to pay $1,891 monthly.

The court also ordered the father to pay ongoing child support, his share of section 7 expenses including cell phones and YMCA memberships, and outstanding arrears from a prior consent order.