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Successful party awarded costs after offer to settle exceeded trial result.
Following a two‑day family law trial involving disputes over income for support purposes, child and spousal support, section 7 expenses, equalization of net family property, and exclusive possession of the matrimonial home, the court addressed the issue of costs.
The respondent was largely successful at trial and had served an Offer to Settle that the court found was at least as favourable to the applicant as the ultimate trial outcome.
Applying the principles governing costs consequences of offers to settle, the court held that the respondent was entitled to partial indemnity costs to the date of the offer and substantial indemnity costs thereafter.
However, costs related to the case conference and settlement conference were excluded.
The court fixed total costs payable at $12,500 inclusive of disbursements and HST, payable forthwith.
Income imputed to underemployed applicant for child and spousal support; respondent granted exclusive possession of home.
The applicant and respondent separated after a 20-year marriage.
The applicant sought joint custody, while the respondent sought sole custody, child and spousal support, equalization of net family property, and exclusive possession of the matrimonial home.
The court imputed an income of $50,000 to the applicant due to his underemployment and ordered him to pay ongoing child and spousal support, as well as arrears.
The respondent was granted sole custody of the youngest child, exclusive possession of the matrimonial home until 2015 to secure support payments, and an equalization payment of $12,893.
