M.A. Reid

Following a family law trial concerning spousal and child support obligations, the parties were unable to agree on the calculation of a support overpayment and on costs.

The court determined that the payor had overpaid support by $233 per month for 15 months following the trial order, totaling $3,495, and ordered repayment unless the parties agreed to resolve the issue through income tax filings.

On the issue of costs, the court applied Rule 24 of the Family Law Rules and concluded that the respondent wife was the more successful litigant, particularly regarding the continuation of spousal support despite the husband's request for retroactive termination.

After considering the parties’ settlement offers, litigation conduct, complexity of the matter, and the reasonableness of counsel’s fees and disbursements, the court fixed costs on a partial indemnity basis.

The respondent wife was awarded total costs of $23,695.16 payable forthwith.

The parties separated after a high-conflict relationship and sought a determination on child custody, child support, and equalization of net family property.

The applicant mother sought sole custody and permission to relocate with the child to another municipality, while the respondent father sought joint custody and to maintain the child in a French immersion school.

The court found that joint custody was inappropriate due to the parents' inability to communicate and cooperate.

The court granted the applicant sole custody, permitted the relocation as it was in the child's best interests, and ordered the child to be transferred to an English school.

The court also calculated the net family property and ordered the respondent to pay an equalization payment of $43,245.