Following the dismissal of an appeal seeking to set aside an arbitration award concerning custody, child support, and spousal support, the successful party sought substantial costs.
The court applied Rule 24 of the Family Law Rules, emphasizing the presumption that the successful party is entitled to costs and assessing the reasonableness of the parties’ conduct throughout the litigation.
The court found the appellant’s conduct excessive, including the presentation of voluminous and inefficient materials, while the respondent’s counsel exercised restraint and efficiency.
After reviewing the bill of costs and relevant factors, the court exercised its discretion to award partial indemnity costs to the successful party.
Costs were fixed at $70,000 inclusive of HST, payable in instalments.
