Gerald P. Sadvari

Following a family law trial concerning property division and support, the court determined costs after receiving written submissions.

The husband had made an offer to settle that was more favourable to the wife than the eventual judgment, engaging the presumptive entitlement to costs under the Family Law Rules and supporting substantial indemnity recovery.

Although the husband sought up to $792,447.47 in full recovery costs, the court found the claim disproportionate given the relatively brief and uncomplicated four‑day trial.

Applying the fairness and reasonableness principles from Boucher v. Public Accountants Council and reviewing comparable family law authorities, the court reduced the amount significantly.

The wife was ordered to pay $265,000 inclusive of disbursements and taxes, with payment tied to the sale of her home unless an undertaking was not provided.

Following a long marriage with three children, the court determined property equalization, spousal support, and child support issues after the parties agreed on a parenting plan.

The primary dispute concerned valuation of significant real estate assets for net family property calculation.

The court preferred one expert appraisal over another and determined the values of the matrimonial home and a farm property, resulting in an equalization payment payable to the applicant.

Despite the long marriage and the applicant’s role as homemaker, spousal support was denied due to the applicant’s substantial assets and investment income.

Guideline child support was ordered based on the respondent’s reduced income following job loss, and the parties were required to share section 7 expenses equally.

In a post‑separation parenting dispute, the moving party sought an order requiring a psychologist to file and disclose a parenting assessment report prepared during earlier proceedings.

The court held that the report had not been formally ordered under s. 30 of the Children’s Law Reform Act and, in any event, the underlying application had already been resolved by a final parenting order.

As a result, the court lacked jurisdiction to compel production of the report to the parties.

The court further held that even if jurisdiction existed, disclosure to the parents was not shown to be in the children’s best interests.

The motion was dismissed, with the court directing that the report may be provided to professionals involved with the family only upon request and awarding costs against the moving party.