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Costs of $61,118 awarded to respondents following successful summary judgment motion dismissing claims against father-in-law.
Following a successful summary judgment motion dismissing the applicant's claims against his former father-in-law, the respondents sought costs.
The court considered the factors under Rule 24(12) of the Family Law Rules, including the respondents' successful offers to settle and the applicant's aggressive litigation approach.
The court awarded costs of $50,850 to the father-in-law and $10,268 to the former spouse, payable by the applicant.
A spouse lacks private interest standing to advance a constructive trust claim on behalf of a former spouse.
The applicant in a family law proceeding sought a declaration that his former father-in-law held a half-interest in a condominium in constructive trust for the applicant's former spouse, aiming to increase her net family property for equalization purposes.
The father-in-law brought a motion for summary judgment to dismiss the trust claim.
The court granted the motion, holding that a person lacks private interest standing to advance a trust claim on behalf of a former spouse because an equalization claim creates only an indirect legal interest, not the direct personal legal interest required for standing.
