Joseph Bisceglia

Following a successful motion brought by the applicant, the court considered the appropriate costs award.

The applicant sought costs on a full indemnity basis, while the respondent argued that no costs should be ordered.

The court held that although the applicant succeeded, the respondent’s position was not entirely without merit and there was no egregious conduct justifying full indemnity costs.

Taking into account the complexity of the motion, the preparation required, and certain duplication of work by counsel, the court awarded partial indemnity costs with limited recoverable work.

The respondent husband brought a motion to set aside Minutes of Settlement and a subsequent court order, arguing he lacked capacity, the applicant wife failed to disclose her pension, and the agreement was unconscionable.

The court dismissed the motion, finding the husband understood the agreement, the wife had disclosed the pension, and the settlement was not unconscionable as it reflected a fairly negotiated compromise between the parties.