Michael David Lannan

Following earlier proceedings between the parties in a family law matter, the court was asked to determine costs.

The respondent submitted that success in the proceeding was divided between the parties.

The court agreed that neither party achieved clear success.

Applying the principle that costs generally follow the event unless justice requires otherwise, the court held that no party should receive costs.

The parties, who were never married, separated and entered into a separation agreement.

The applicant transferred his interest in their jointly owned home to the respondent.

The agreement stated that the payment of any equalization would not be determined until a future date.

The applicant later claimed an interest in the home based on the agreement, constructive trust, and resulting trust.

The court dismissed the property claims, finding the agreement provision was an unenforceable 'agreement to agree' and the trust claims were precluded by the agreement and the facts.

The court also determined retroactive and ongoing child support obligations based on changes in the children's living arrangements, including a shared custody arrangement for one child.