Glen Russell Carey

The applicant, Kenneth Holtby, sought costs after a 17-day trial where he largely succeeded in retaining sole ownership of farm assets and land against the respondent, Cheryl Draper.

The respondent argued for no costs due to divided success.

The court found the applicant to be the more successful party, particularly on the major ownership issues, and was entitled to costs.

However, the requested quantum of $185,000 was reduced to $100,000 due to the applicant's chronic non-compliance with court orders, the respondent's more reasonable settlement efforts, and discrepancies in the applicant's costs filings.

The court also considered the respondent's partial success on equalization and constructive trust claims and her ability to pay.

This endorsement follows a lengthy trial where the applicant husband was found to own the farm assets.

The parties were unable to agree on the quantum of equalization payment, amounts owing for Lot 8, repayment for Class B shares, and costs/interest.

The court addressed these outstanding financial issues, largely adopting the respondent wife's calculations for farm equipment and vehicles, using averages for cattle and crops, and setting the land value (excluding Lot 8) at $300,000.

The court also ordered the husband to pay the wife for Lot 8 and Class B shares, including prejudgment interest, and granted the wife's request for security against the husband's property for the equalization payment due to his history of asset reorganization.

Costs submissions were deferred.