Costs decision following a family law motion in which the respondent sought temporary spousal support from the applicant.
The court had previously determined that although the respondent established a prima facie entitlement to non‑compensatory spousal support, no interim support was payable due to the applicant’s financial inability to contribute while carrying the primary financial responsibility for the children.
Applying s. 131 of the Courts of Justice Act and rr. 18 and 24 of the Family Law Rules, the court held that the applicant was the successful party on the motion.
The respondent’s argument that success was divided and that costs should be reserved to trial was rejected.
Costs of $3,500 plus HST were awarded to the applicant, payable from the respondent’s share of the matrimonial home sale proceeds.
