J.A. Milanetti

The applicant sought a divorce, equalization, and determination of child and spousal support.

The respondent opposed the divorce on religious grounds and sought sole custody, ongoing and retroactive support, and equalization.

The court granted the divorce, maintained shared parenting for the youngest child, and found two adult children remained children of the marriage due to post-secondary education and mental illness.

The court imputed income to the respondent, ordered ongoing child and spousal support, awarded retroactive support for both, and ordered an equalization payment to the respondent.

The defendants sought costs on a substantial indemnity basis after successfully achieving a dismissal of the action at the opening of trial.

The defendants had made three offers to settle, the last being a valid, unexpired Rule 49 offer.

The plaintiff did not file any responding costs submissions.

The court awarded the defendants substantial indemnity costs from the date of their final offer, and partial indemnity costs for the steps taken prior to that offer, resulting in a total costs award of $39,298.11 plus GST.