Jane A. Connon

The applicant sought costs of $20,000 on a full recovery basis following a successful motion for temporary spousal support, arguing the respondent acted in bad faith by failing to provide financial disclosure.

The respondent argued costs should be deferred to the trial judge or no costs awarded due to divided success and financial hardship.

The court found the applicant was substantially successful and the respondent's conduct was unreasonable but did not amount to bad faith.

Costs were awarded to the applicant on a partial indemnity scale in the amount of $14,924.77.

A spouse in a 30‑year common law relationship sought temporary spousal support following separation, alleging the respondent failed to make full financial disclosure and understated his income through a closely‑held corporation.

The respondent asserted a dramatic decline in business income and inability to pay support.

The court held that incomplete disclosure justified drawing an adverse inference and applying the Federal Child Support Guidelines methodology using the respondent’s three‑year average Line 150 income.

The court rejected the claimed current income and ordered temporary spousal support based on the historical income average, together with extensive disclosure obligations and valuation of the respondent’s business and income.