Michael G. Cochrane

The court determined the costs of two motions in a family law proceeding.

The respondent father was successful on a motion for the advancement of funds and was awarded costs of $22,967.05.

The respondent was unsuccessful on a motion to adjourn the trial, and the applicant mother was awarded costs of $7,631.38 for that motion.

The court ordered a set-off, resulting in a net payment of $15,335.67 by the applicant to the respondent.

The applicant and respondent, a same-sex couple, entered into a civil partnership in the United Kingdom.

After relocating to Ontario and subsequently separating, the applicant sought a divorce and corollary relief.

The respondent argued they were not married.

The applicant moved for a declaration that their U.K. civil partnership constituted a marriage under Canada's Civil Marriage Act.

The court granted the motion, finding that failing to recognize the civil partnership as a marriage would violate Canadian public policy and Charter equality rights, as the U.K. prohibited same-sex marriage and only offered civil partnerships.

The court declared the civil partnership a marriage and the parties spouses under the Divorce Act and Family Law Act.