D. John Kirby

This standalone costs decision followed reasons continuing an interim injunction and certificate of pending litigation until trial.

The successful moving parties sought partial indemnity costs and disbursements, while the responding parties argued costs should be in the cause or reduced.

Applying the ordinary rule that costs follow the result and the discretion applicable to interlocutory injunction proceedings, the court fixed costs itself rather than reserving all costs to trial.

The court found the moving parties were largely successful and awarded reduced partial indemnity costs plus limited disbursements, while reserving transcript-cost issues to the trial judge.

The applicant brought a motion to increase interim spousal support, seeking to impute over $1.8 million in corporate income to the respondent following a corporate reorganization.

The respondent brought a cross-motion to compel the applicant to approve the valuation reports of a jointly retained expert.

The court dismissed the applicant's motion, finding no material change in circumstances and preferring the joint expert's preliminary view that a promissory note from the reorganization was not available income.

The court also dismissed the respondent's motion to compel approval but provided directions for finalizing the expert reports.

The respondent husband brought a motion to sever the divorce from corollary relief.

The applicant wife opposed the motion and brought a cross-motion requiring the respondent to pay the upfront costs of an updated joint expert income report.

The court dismissed the motion to sever, finding the respondent failed to prove the applicant would not be prejudiced regarding health benefits and noting the respondent's failure to comply with financial disclosure orders.

The court granted the applicant's cross-motion, ordering the respondent to fund the expert report upfront, subject to equalization.

No costs were awarded due to the applicant's counsel failing to follow court directions regarding written submissions.