The Applicant's motion was heard on February 26, 2019, where he withdrew several claims including supervised access, sale of the matrimonial home, and spousal support.
The motion proceeded on three issues: an advance on an equalization payment, an amendment to a restraining order, and retrieval of personal belongings.
The Respondent was largely successful on the equalization payment, success was divided on the restraining order, and the Applicant was technically successful on retrieving belongings (though unopposed).
The court found the Respondent to be the more successful party on the motion and awarded costs of $17,500, inclusive of HST, to the Respondent.
This decision considered the Applicant's unreasonable litigation conduct, including late withdrawal of claims and obtaining a premature return date for the motion, which increased costs and delayed access to justice.
