Following a bifurcated trial regarding the validity of a cohabitation agreement, the successful respondent sought costs on a full or partial indemnity basis.
The applicant argued for divided success and raised her inability to pay.
The court found the respondent was entirely successful but rejected the claim for elevated costs.
Applying principles of proportionality and considering the applicant's precarious financial circumstances, the court fixed partial indemnity costs at $18,885.80 and reduced them by 50%, ordering the applicant to pay $9,000.
