Gary Steinberg

Following a motion in a family law proceeding, the respondent sought costs of $7,725 after having been awarded costs subject to determination upon written submissions.

The court considered the parties’ conduct, including the absence of any settlement offer from the party seeking costs and the presence of an offer to settle made by the opposing party.

The court emphasized the importance of offers to settle in family law proceedings as a mechanism to narrow issues and facilitate resolution.

Finding the amount claimed excessive in light of these considerations, the court accepted the opposing party’s submissions and reduced the costs award.

The moving party brought a motion for an interlocutory injunction to prevent the responding party from depleting her RRSP savings and for summary judgment requiring her to return an engagement ring.

The parties had cohabited but never married.

The court found the moving party met the three-part test for an injunction, noting the responding party had previously refinanced her home without disclosure, reducing the moving party's security.

The court also granted summary judgment for the return of the engagement ring, applying section 33 of the Marriage Act, which removes fault from the consideration of recovering gifts made in contemplation of marriage.