This is a costs decision following the determination of the date of separation in a family law proceeding.
The applicant sought costs on a partial indemnity basis in the amount of $15,377.04 to the date of her offer to settle (November 21, 2023) and $30,662.55 thereafter, plus disbursements of $3,409.77.
The respondent, who was self-represented, did not provide costs submissions despite directions from the court.
The court found the applicant was presumptively entitled to costs as the successful party, but limited the award to costs related to the trial of the separation date issue rather than the entire proceeding.
The court awarded $30,000 plus HST ($3,900) for a total of $33,900, finding this amount fair, reasonable, and proportionate to the circumstances.