Following a five‑day family law trial, the court addressed costs after the parties were unable to agree.
The applicant had been largely successful at trial and sought costs exceeding $67,000, while the respondent sought comparable costs or alternatively an order that each party bear their own costs.
The court applied the presumption in Rule 24(1) of the Family Law Rules that a successful party is entitled to costs, while considering discretion under s. 131 of the Courts of Justice Act and the parties’ financial circumstances.
Particular weight was given to the fact that the children primarily resided with the respondent and the potential financial impact of a costs award on the custodial parent.
The court ordered the respondent to pay reduced costs of $37,000 inclusive of disbursements and taxes, payable from her share of the matrimonial home proceeds or through set‑off against spousal support if necessary.