Kaisree Singh Chatarpaul

This ruling on costs followed a 7-day bifurcated trial where the applicant was entirely successful on the issues of marriage validity, spousal status for support and equalization, and valuation date.

The applicant sought costs approaching full recovery for the entire proceeding since 2014.

The respondent failed to provide costs submissions and did not respond to the applicant's offer to settle.

The court found the respondent acted unreasonably and in bad faith throughout the litigation, including delaying proceedings, selling the matrimonial home without the applicant's knowledge, making false declarations, attempting to mislead the court, and being disrespectful.

Consequently, the court awarded the applicant full recovery costs from the date of her offer to settle and costs approaching full recovery for the period preceding the offer, totaling $100,973.65, to be paid forthwith and secured as a charge against the respondent's residence.

In a bifurcated family law trial, the applicant sought declarations regarding the validity of the parties' marriage, their spousal status, and their date of separation.

The respondent claimed the parties were never validly married and never cohabited as spouses.

The court found the applicant's evidence highly credible, supported by photographs and official documents, while rejecting the respondent's testimony as inconsistent and unbelievable.

The court declared the marriage valid, found the parties cohabited as spouses from September 2003 until June 1, 2011, and ordered the Certificate of Pending Litigation to remain on the respondent's property.

The respondent father brought a motion to change a final child support order dated April 18, 2011, seeking a reduction in monthly child support and his percentage contribution to section 7 costs based on health grounds (heart attack).

The applicant mother opposed the motion and sought dismissal due to non-compliance with prior orders, claimed university section 7 costs for the son, and sought payment of all arrears.

The court found the respondent established a material change in circumstances due to health reasons and reduced his monthly child support obligation.

The court also determined the respondent's contribution to the son's postsecondary education costs at Lakehead University, accounting for grants, scholarships, and the son's own contributions.