2 total
Applicant received reduced costs after a mixed-result temporary support motion.
This was a family law costs decision following a motion for temporary child and spousal support.
The court reviewed issue-by-issue success, the parties' offers to settle, the reasonableness of their litigation conduct, and the cost-effectiveness of the work performed under Rule 24 of the Family Law Rules.
Allegations of bad faith were rejected because they depended on credibility findings that could not be made on conflicting affidavit evidence.
Although the respondent enjoyed marginally greater success on some substantive issues, the motion was reasonably necessary and the applicant was awarded fixed costs of $15,000 inclusive of HST and disbursements.
Self-employed payor ordered to pay substantial support arrears or face incarceration due to intentional underemployment.
The Family Responsibility Office sought enforcement of substantial child and spousal support arrears totalling $509,516.09 against a self-employed dentist.
The payor's prior support orders had been based on an imputed income of $380,000 annually, but he claimed his income had declined significantly to approximately $92,400 annually.
The court found the payor had not rebutted the presumption of ability to pay and was underemployed by choice.
The court ordered immediate incarceration of 15 days or payment of $25,000 for breach of a temporary default order, and imposed a final default order requiring payment of $175,000 within 30 days (in default of which 120 days incarceration) plus ongoing monthly payments of $2,500 increasing to $3,250 (with 5-day incarceration for each default).
