The court determined costs arising from four prior family law motions relating to partial distribution of matrimonial home sale proceeds and disclosure obligations following the death of a spouse.
Although success on the motions was divided, the estate trustee was more successful on the principal issue concerning the release of sale proceeds.
The court considered Family Law Rules 24 and 18 governing costs and offers to settle, as well as the parties’ conduct regarding disclosure and litigation behaviour.
The estate sought full indemnity costs exceeding $45,000, while the respondent sought approximately $7,996.
The court awarded the estate $17,500 inclusive of disbursements and HST, structured with partial immediate payment and the balance deferred pending final resolution of the proceedings.
