The court determined the costs arising from family law motions argued on May 16, 2013 concerning issues including the matrimonial home, return of personal belongings, and related financial matters.
The judge concluded that the motions produced predictable outcomes and largely reflected positions that had already been proposed in settlement correspondence.
Although neither party clearly succeeded overall, the court considered the parties’ settlement conduct under Rule 24 of the Family Law Rules.
The moving party’s counsel had previously proposed settlement and mediation, while the responding party did not respond.
As a balanced result, the court ordered partial indemnity costs in favour of the applicant.
