Debra L. McNairn

The applicant was completely successful on a motion for the sale of the matrimonial home and boat.

The applicant sought full indemnity costs of $38,597, arguing the respondent's allegations of financial impropriety were unreasonable and unnecessarily complicated the proceedings.

The court agreed, finding the respondent's conduct egregious and noting the applicant had made multiple reasonable settlement offers.

The court awarded the applicant $38,500 in costs, to be paid from the respondent's share of the net sale proceeds of the matrimonial home.

The applicant wife brought a motion to enforce a settlement agreement reached with the respondent husband regarding their family law dispute.

Following a settlement meeting, counsel exchanged emails confirming an agreement on all issues, subject only to a formal appraisal of the matrimonial home.

After the appraisal resulted in a lower equalization payment to the husband than he anticipated, and following his subsequent loss of employment, he refused to sign the revised Minutes of Settlement.

The court found that a binding settlement had been reached and that the husband's job loss did not vitiate the agreement, granting the motion to enforce the settlement.