Katherine L. Shadbolt

The applicant sought costs on a substantial indemnity basis after successfully opposing the respondent's motion regarding a jointly retained expert.

The applicant had made three offers to settle the motion, which the respondent rejected.

The court declined to evaluate the fairness of the proposed terms for a joint retainer, noting that such terms must be acceptable to both parties and cannot be imposed by the court.

Consequently, the court awarded the applicant partial indemnity costs fixed at $16,380.

In a family property motion, the respondent sought an order requiring a jointly retained business valuator to expand his mandate to calculate notional income tax liabilities and provide alternative valuation opinions, and alternatively sought to use another expert retained by the applicant.

The court held that the Family Law Rules concerning expert duties and court-appointed experts did not authorize the court to enlarge a joint retainer without both parties' consent or compel an expert to act in a conflict position.

The court also rejected the argument that the expert-duty provisions altered the traditional role of experts, relying on appellate authority confirming those rules merely restated existing common law duties.

The motion was dismissed.