Following a family law motion involving exclusive possession of the matrimonial home and support issues, the court addressed the question of costs.
The successful party sought modest costs calculated at the legal aid rate.
Applying Rule 24 of the Family Law Rules, the court considered success, the reasonableness of the parties’ behaviour, and the expectations of the unsuccessful party.
The court found the amount requested reasonable in light of the outcome and the presumption that the successful party is entitled to costs.
Costs were awarded against the unsuccessful party.
