Following a bifurcated family law and civil assault trial, the court determined the appropriate costs award between the parties.
The respondent succeeded on a damages claim arising from an assault and obtained damages, future care costs, and prejudgment interest, while the applicant obtained a modest additional equalization payment relating to disputed chattels.
The court considered offers to settle, the parties’ conduct under the Family Law Rules, and the proportionality of costs to the issues and outcome.
Full indemnity costs were declined because the result was less favourable than an earlier formal offer to settle.
The court awarded substantial partial indemnity costs for the damages claim, offset by limited costs payable to the applicant for the chattels claim and an adjournment caused by deficient pleadings.
