J. Treloar

Following prior proceedings in a family law matter, the court addressed costs entitlement and quantum.

The respondent sought full indemnity costs of $15,325.19 supported only by counsel’s ledger statement.

The court noted that the request included preparation for attendance at a case conference despite no costs order having been made at that conference.

In the circumstances, the court reduced the requested amount and ordered a lump-sum costs award.

A former spouse brought a motion to change a final divorce order seeking to reduce or eliminate spousal support following retirement and serious health issues.

The court found that retirement and deteriorating health constituted a material change in circumstances.

In assessing support, the court considered whether pension income previously equalized at property division could still be relied upon for spousal support and reviewed authorities on “double‑dipping.” The court concluded that the recipient had received appropriate equalization and owned significant assets, and therefore support should not continue indefinitely based on the pension income.

The support obligation was gradually reduced over several months and terminated as of March 1, 2015.