D. C. Shaw R.S.J.

Following the dismissal of an application for a vesting order regarding a 25% interest in a home, the court determined the issue of costs.

The respondents sought substantial indemnity costs of $9,000.57, while the applicant argued costs should be paid from the estates or not at all.

Applying the modern approach to estate litigation costs, the court held that the 'loser pays' principle applied, as the litigation did not arise from the testators' actions or to ensure proper administration.

The applicant was ordered to pay the respondents' costs on a partial indemnity basis, fixed at $4,750 plus disbursements and HST.

The applicant spouse brought an interlocutory motion in an uncontested family proceeding after the respondent failed to file an answer.

The court considered entitlement to interim spousal support, pension valuation, and the sale of jointly owned real properties pending trial.

Applying the Spousal Support Advisory Guidelines and considering the parties’ lengthy marriage, the respondent’s income, and the applicant’s medical inability to work, the court ordered interim spousal support.

The court also authorized the applicant to obtain the family law value of the respondent’s pension without his consent and ordered that jointly owned real properties be listed for sale under the Partition Act.