This is a costs decision arising from the court's judgment of March 25, 2019, in a family law matter involving a motion to amend pleadings and a motion for summary judgment.
The respondent sought full indemnity costs, arguing he was the successful party and had made reasonable settlement offers.
The applicant argued there should be no costs order due to divided success.
The court found divided success existed because although the respondent was somewhat more successful overall, the applicant succeeded on her motion to amend her response to the motion to change.
The court awarded costs of $2,500 payable by the applicant to the respondent, declining to enforce the award through the Family Responsibility Office.