Kevin Robins

Following a family law trial where the main issue was the valuation and equalization of a physiotherapy business, the applicant sought costs.

The applicant had made an offer to settle that was very close to the final trial judgment of $145,448.57.

The court found the applicant was the substantially successful party.

After deducting an amount to reflect issues settled by minutes of settlement at the start of trial, the court awarded the applicant costs fixed at $43,880.86.

The parties separated and sought equalization of net family property, primarily disputing the valuation of their jointly owned physiotherapy clinic partnership.

The applicant presented an expert business valuation, while the respondent disputed the valuation but did not provide her own expert report.

The court averaged the expert's valuation and the respondent's proposed valuation to determine the partnership's value.

The court ordered the respondent to pay the applicant for his half of the partnership rather than ordering its sale, and resolved several minor financial adjustments between the parties.

The mother appealed a trial judge's order transferring sole custody of her 6-year-old son to the father.

She brought a motion to stay the custody transfer pending her appeal.

The trial judge had ordered the transfer based on a social worker's caveat that the mother's inability to promote the child's relationship with the father might necessitate a change in custody.

The Court of Appeal granted the stay, finding that the mother had a strong arguable appeal, had been the child's primary caregiver his entire life, and that maintaining the status quo was in the child's best interests pending the appeal.