Debra L. McNairn

The applicant was completely successful on a motion for the sale of the matrimonial home and boat.

The applicant sought full indemnity costs of $38,597, arguing the respondent's allegations of financial impropriety were unreasonable and unnecessarily complicated the proceedings.

The court agreed, finding the respondent's conduct egregious and noting the applicant had made multiple reasonable settlement offers.

The court awarded the applicant $38,500 in costs, to be paid from the respondent's share of the net sale proceeds of the matrimonial home.

In a family law costs ruling following earlier determinations that the parties had settled outstanding issues and that child support should be temporarily varied, the successful party sought full indemnity costs after an unaccepted offer to settle.

The court applied Rules 24 and 18 of the Family Law Rules, found the responding party acted unreasonably, and held he should have accepted the offer.

While the offer presumptively engaged full recovery consequences, the court moderated the result in light of the responding party's financial circumstances and partial later success on temporary child support relief.

Costs were awarded in the amount of $10,000 inclusive of disbursements and HST, enforceable as a support order.

The applicant wife brought a motion to enforce a settlement agreement reached with the respondent husband regarding their family law dispute.

Following a settlement meeting, counsel exchanged emails confirming an agreement on all issues, subject only to a formal appraisal of the matrimonial home.

After the appraisal resulted in a lower equalization payment to the husband than he anticipated, and following his subsequent loss of employment, he refused to sign the revised Minutes of Settlement.

The court found that a binding settlement had been reached and that the husband's job loss did not vitiate the agreement, granting the motion to enforce the settlement.