This is a costs endorsement following a 3-day trial where most issues were settled.
The Applicant sought full recovery costs, arguing the Respondent acted unreasonably and that his January 10, 2024 offer to settle was as favourable as the outcome.
The Respondent sought no costs or a significant reduction, citing the Applicant's unreasonable behavior, lack of bill detail, and undue hardship.
The court found the Applicant's January 10 offer not as favourable, but his January 26 offer was successful.
The court determined the Applicant was largely successful on settled issues, particularly regarding parenting time and child support, and the pension division.
While the Respondent's income position was unreasonable, her overall behavior was not so unreasonable to warrant full indemnity costs from the outset.
Due to the Applicant's insufficiently detailed bill of costs, the court estimated a reasonable and proportionate amount.
The Respondent's ability to pay was considered but not a shield.
The court ordered the Respondent to pay the Applicant $40,000 in costs.