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No costs ordered where both parties achieved partial success and no offers to settle.
Following competing family law motions, the court considered whether either party should receive costs.
Neither party had delivered an Offer to Settle under the applicable procedural rules.
Although the court found some of the responding party’s claims to be unreasonable, that party nevertheless achieved partial success on the motions, including an advance of funds for litigation expenses.
Because both parties achieved some measure of success and no settlement offers were made, the court concluded that neither side was entitled to a costs award.
Court grants $100,000 litigation advance but refuses contempt and support variation.
In a family law motion arising from ongoing matrimonial litigation, the applicant sought contempt findings relating to a child travel order, variation of spousal support, and partition and sale of the matrimonial home.
The respondent sought a $400,000 interim advance toward equalization and litigation expenses, increased retroactive child and spousal support, and various financial and corporate controls over the applicant’s businesses.
The court declined to find contempt due to the criminal standard of proof but awarded the applicant costs associated with a cancelled trip.
The court partially granted the respondent’s request for an advance by ordering a $100,000 interim payment but refused most other relief, including variation of support and corporate control remedies.
The request for partition and sale of the matrimonial home was also refused pending trial.
