Ian D. Corneil

Following the appellant's partial success on appeal regarding the calculation of the equalization payment, the court addressed costs.

Because the appeal increased the property award beyond the respondent's offer to settle, the court set aside the trial judge's costs award of $82,822 in favour of the respondent, ordering each party to bear their own costs at trial due to divided success and relative means.

The appellant was awarded $5,000 in costs for the appeal.

The appellant wife appealed the trial judge's order regarding spousal support and equalization of net family property.

She argued the trial judge erred in finding she could contribute to her own support despite her claims of post-traumatic stress disorder, and erred in excluding funds the respondent husband managed for his father from his net family property.

The Court of Appeal dismissed the support appeal, finding no error in the trial judge's assessment of her employability.

However, the Court allowed the equalization appeal in part, holding that while the $500,000 principal was held on resulting trust for the father, the $140,000 in investment income generated by the respondent belonged to him and must be included in his net family property.