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.