Lori Aylwin

Following a five-day trial on spousal support and a pre-trial settlement on child support, both parties sought costs.

The court declined to award costs for the child support settlement due to divided success.

However, the court awarded the applicant costs for the spousal support trial, finding that she was largely successful on the major issues, including her entitlement to compensatory support.

The court also found the respondent engaged in unreasonable litigation behaviour, including failing to provide evidence in chief by affidavit and taking unreasonable positions.

The respondent was ordered to pay $65,000 in partial indemnity costs.

The payor brought a motion to change to review spousal support after the expiration of a five-year period set in a previous consent order.

The court determined the review was a de novo hearing requiring no material change in circumstances.

Finding the recipient had a strong compensatory and non-compensatory claim arising from a traditional marriage, the court utilized the payor's post-separation income increases, setting his income at $724,797.

Spousal support was ordered for a total duration of 17 years with a step-down period, terminating in 2030.