Katherine Rajczak

Following a lengthy family law trial where both parties experienced divided success, the applicant sought costs on the basis of the respondent's alleged bad faith and failure to disclose.

The respondent sought reimbursement of a $140,000 interim disbursement payment.

The court reviewed the factors under Rule 24 of the Family Law Rules, including the parties' offers to settle and the respondent's unreasonable conduct.

The court concluded that the respondent's conduct did not rise to the level of bad faith and, given the divided success and the offers to settle, ordered that no costs be awarded to either party.

The respondent's request for reimbursement was also denied.

The applicant sought to set aside a 2010 Separation Agreement, alleging the respondent failed to disclose significant corporate assets and that she signed under duress.

Alternatively, she sought to set aside the support provisions.

The respondent sought to uphold the agreement but requested extensive variations to support, including retroactive termination of child support and imputation of income to the applicant.

The court dismissed the application to set aside the agreement, finding the non-disclosure was not significant in the context of the negotiations and there was no duress.

The court also dismissed most of the respondent's variation requests due to a lack of a material change in circumstances, but granted the termination of child support for the two adult children who no longer lived with the applicant.