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Applicant awarded $225,000 in costs following family law trial due to overall success and respondent's unreasonable conduct.
Following a six-day family law trial involving complex property and support issues, the applicant sought $275,000 in costs.
The respondent argued for no costs due to divided success.
The court found the applicant was the more successful party overall and had beaten her offers to settle.
The court also noted the respondent's unreasonable litigation conduct in failing to value his business interests.
The respondent was ordered to pay $225,000 in costs to the applicant.
Respondent's family trust interest included in net family property; corporate income imputed for retroactive support.
The parties separated after a 20-year relationship.
The court determined the equalization of net family property, including the treatment of the respondent's interest in a family trust created during an estate freeze.
The court found the respondent had sufficient control over the trust to include its value in his net family property, and declined to exclude it as a gift because the applicant was a co-beneficiary.
The court imputed corporate pre-tax income to the respondent, fixing his income at $242,148, and ordered retroactive child and spousal support.
The matrimonial home was valued at $1,000,000.
