Melody Loubert

The applicant brought an emergency motion for relief after the respondent failed to pay spousal or child support and left the matrimonial home mortgages in default.

The applicant was completely successful on the motion.

In this costs endorsement, the court found that the respondent demonstrated bad faith by ignoring his financial obligations and failing to fulfill promises made in a prior agreement.

Applying the principles of reasonableness and the Family Law Rules, the court awarded the applicant costs on a partial indemnity basis up to February 5, 2015, and on a full indemnity basis thereafter, fixed at $10,000 payable immediately.

Following a final consent order resolving a motion for the sale of a matrimonial home and distribution of proceeds, the court reserved the issue of costs for written submissions.

The successful party sought $7,209.91 on a full indemnity basis but provided no detailed explanation for the request.

The court found the motion was necessary because the opposing party would not consent prior to service and that the successful party was entitled to costs.

However, absent justification for full indemnity, the court fixed costs at the high end of partial recovery.