Following a family law trial involving claims for unjust enrichment and spousal support between former common‑law partners, the court addressed the issue of costs.
The respondent had succeeded on the principal legal issues of entitlement to unjust enrichment and spousal support, though success was divided regarding the quantum of the awards.
The court considered the parties’ conduct, disclosure disputes, and settlement offers under Rule 24 of the Family Law Rules, as well as the complexity of the issues following the Supreme Court of Canada’s decision in Kerr v. Baranow.
While neither party was found to have acted in bad faith, the respondent was presumptively entitled to costs as the successful party.
Balancing divided success and financial circumstances, the court awarded partial costs.
