2 total
The court awarded the applicant $15,500 in partial costs, penalizing the respondent for unreasonable litigation tactics and non-disclosure.
The Applicant sought costs for a motion argued on January 19, 2016, and for a September 14, 2015 consent order.
The court found the Respondent's tactics, including lack of disclosure and changing lawyers, forced the Applicant into court and increased costs.
While the January motion had mixed results, the Applicant succeeded on key issues like spousal support and an advance on equalization.
The court awarded the Applicant partial costs totaling $15,500 plus HST, with $10,000 declared as legal fees related to support, enforceable by the Family Responsibility Office.
The court also discussed principles of reasonableness and proportionality in costs awards, and confirmed that tax deductibility of legal costs is not a factor in quantifying costs.
Temporary spousal and child support ordered; pre-trial sale of matrimonial home denied.
The applicant brought a motion for temporary spousal and child support, an advance on equalization, and the pre-trial sale of the matrimonial home and cottage.
The court ordered temporary child support of $662 per month and spousal support of $808 per month based on the parties' 2014 incomes, noting the respondent's control over the family's assets.
The respondent was ordered to roll over or cash out his remaining RRSP balance as an advance on equalization.
The court declined to order the pre-trial sale of the matrimonial home and allowed the respondent to continue his efforts to sell the cottage privately.
