Katherine Shadbolt

Following a trial to recalculate an equalization payment based on the applicant's pension, the applicant sought costs on a full indemnity basis.

The court found that the trial was entirely unnecessary, as the respondent had access to the applicant's expert report well in advance and the respondent's own expert reached essentially the same conclusion.

Furthermore, the applicant had made multiple offers to settle that were as favourable or more favourable than the final trial decision, which the respondent failed to accept.

The court exercised its discretion to award the applicant costs on a full recovery basis in the amount of $30,392.

The separated parents disagreed on which school their two young sons should attend.

The mother wanted them to attend a local public school offering early French immersion, while the father wanted them to attend a private school founded by his mother.

The court applied the best interests of the child test, considering factors such as class size, individual attention, continuity, and the children's specific needs.

The court ordered that both children attend the private school, noting the smaller class sizes and the father's parents' offer to pay tuition.

The applicant moved for temporary spousal support, and the respondent moved for temporary child support and contribution to section 7 expenses.

The parties were married for 23 years, during which the applicant was financially dependent on the respondent, who has a high net worth.

The court imputed an annual income of $25,000 to the applicant due to his voluntary underemployment.

The court ordered the respondent to pay temporary spousal support of $4,600 per month and ordered the applicant to pay $304 per month in child support and $823 per month for section 7 expenses.