D.S. Jarvis

The court determined costs following family law motion proceedings.

Applying Rule 24 of the Family Law Rules and Rule 57 of the Rules of Civil Procedure, the court emphasized proportionality and the reasonable expectations of the parties.

The issues were significant but the motions were brief, each lasting only a few hours.

As the applicant was largely successful and had made relevant settlement offers, the court awarded costs for two motion attendances and related questioning.

Costs were fixed at $25,000 inclusive of taxes and disbursements.

On a motion and cross-motion in a long-term marriage, the applicant sought interim spousal support, arrears, disclosure orders, and preservation of property.

The respondent disputed the amount of interim support and sought to sever the divorce from corollary issues.

Applying the Spousal Support Advisory Guidelines and considering the respondent’s true available income including grossed-up corporate earnings, the court fixed interim spousal support at $25,187 per month.

Retroactive support was ordered from January 1, 2012, and disclosure obligations were imposed on the respondent.

The court also granted an order preventing depletion of property and severed the divorce from the remaining issues.