2 total
Costs awarded on a partial indemnity scale to various parties following an appeal.
Following a judgment allowing appeals and cross-appeals in part, the parties were unable to agree on costs.
The Court of Appeal awarded costs on a partial indemnity scale, ordering Charles Sr. to pay Diana $50,000, Charles Jr. to pay Diana $15,000, Lisa to pay Charles Jr. $15,000, and Ford to pay Lisa $15,000.
All additional requests for costs were dismissed.
Equalization award to bankrupt spouse set aside; personal costs award against former lawyer upheld.
The appellant husband appealed a trial judgment that awarded his bankrupt wife an equalization payment, lump sum spousal support, and costs.
The wife's former lawyers also appealed an order requiring the assessment of their accounts and a personal costs award against them.
The Court of Appeal allowed the appeal in part, setting aside the equalization payment because the wife lacked capacity to assert the claim after her bankruptcy, and setting aside the assessment of the lawyers' accounts.
However, the Court upheld the lump sum spousal support award and the costs awards, including the personal costs award against the wife's former lawyer for acting in bad faith and running up costs without reasonable cause.
