J.R.J. Herbert

Following a family law motion in which the moving party sought leave to add a third party, conduct questioning, and amend the application to advance constructive and equitable trust claims, the court addressed the issue of costs.

The responding party was generally successful in resisting the motion.

The court found no factors warranting elevated or substantial indemnity costs.

Costs were therefore fixed on a standard basis.

The moving party was ordered to pay a lump sum costs award to the successful party.

The applicant sought leave to add the respondent's wife as a party, to question her, and to amend her application to include a constructive trust claim.

The applicant and respondent had a long personal relationship and children together, while the respondent maintained a double life, remaining married to his wife.

The court dismissed the motion to add the wife as a party, finding no direct link between the applicant's contributions and the wife's property, and noting it would unnecessarily complicate the litigation.

The motion to amend the claim was also dismissed, as the proposed constructive trust claim appeared to be statute-barred under the Limitations Act, 2002, though the applicant was permitted to explore tracing of funds during the respondent's questioning.