This endorsement addresses costs following a settled family law case.
The Applicant sought termination of child support and rescission of arrears, while the Respondent sought retroactive support.
Minutes of Settlement established the Applicant as the successful party, as his motion to change was granted and the Respondent's dismissed.
The court found the Respondent's claim of success to be without merit, noting her "complete capitulation." The Respondent's arguments regarding the Applicant's blameworthy conduct, "bullying tactics" in an offer to settle, refusal to settle on a no-costs basis, and alleged failure of financial disclosure were rejected.
The court found the Applicant's disclosure extensive and persuasive.
Considering the factors under Family Law Rules r.24, including the Applicant's complete success after protracted litigation, the court awarded partial indemnity costs at 70% of the Applicant's claimed fees.
The Applicant's costs were fixed at $16,700, with repayment terms adjusted based on the Respondent's financial circumstances.
