Michele Labrosse

Following a bifurcated family law and civil assault trial, the court determined the appropriate costs award between the parties.

The respondent succeeded on a damages claim arising from an assault and obtained damages, future care costs, and prejudgment interest, while the applicant obtained a modest additional equalization payment relating to disputed chattels.

The court considered offers to settle, the parties’ conduct under the Family Law Rules, and the proportionality of costs to the issues and outcome.

Full indemnity costs were declined because the result was less favourable than an earlier formal offer to settle.

The court awarded substantial partial indemnity costs for the damages claim, offset by limited costs payable to the applicant for the chattels claim and an adjournment caused by deficient pleadings.

The parties separated after a short-term marriage following an incident where the respondent suffered a severely fractured wrist.

The trial addressed the division of net family property, specifically missing items the applicant claimed were in the respondent's possession, and the respondent's civil claim for damages for assault and battery.

The court found the applicant failed to prove the respondent retained most of the missing property, but added $10,000 to the equalization payment for missing silver.

On the tort claim, the court found the applicant committed battery by throwing the respondent out of the house, causing her injury.

The court awarded the respondent $65,000 in general and aggravated damages, $25,000 for loss of competitive advantage, and specific future care costs to be calculated.