Following a family law trial addressing net family property issues, the court determined the appropriate costs award.
The court noted that the trial reasons largely supported the mother’s position regarding the elements of net family property and raised credibility and disclosure concerns about the husband’s evidence.
Although the applicant’s bill of costs was not unreasonable, the court found that responsibility for the need for trial was not entirely one-sided.
Balancing these considerations, the court exercised its discretion to fix costs in favour of the applicant.
Costs were fixed at $60,000 all-inclusive.