Cheryl Stelzer

This costs endorsement arose from a family law contempt motion concerning non-compliance with prior orders requiring production of insurance documents and implementation of direct reimbursement for medical and dental expenses.

Although the court did not find contempt, it granted alternative compliance relief and held that the moving party was successful enough to attract costs under Rule 24 of the Family Law Rules.

The court rejected the argument that costs should be deferred, found the responding party's non-compliance unreasonable, and quantified costs by reference to hourly rates, time spent, proportionality, and fairness.

Costs of $3,088.97 were fixed and made payable forthwith with post-judgment interest, enforceable as child support.

The applicant brought a motion for summary judgment seeking reimbursement for medical and dental expenses pursuant to a prior consent order requiring the respondent to submit receipts to his insurance plan and remit reimbursement.

The respondent challenged the claimed amount and argued that the order did not apply to receipts submitted prior to the date of the consent order.

The court held that there was a genuine issue requiring trial regarding receipts submitted before the order due to insufficient evidence of the parties’ intentions.

However, the court granted partial summary judgment for receipts submitted after the date of the order, finding no genuine issue requiring trial for those claims.