Ms. Currie

Following a four-day family law trial regarding spousal support and equalization of net family property, the successful applicant sought costs of $130,065.45 on a full recovery basis.

The applicant argued that the newly amended Rule 24(11) of the Family Law Rules should apply retrospectively to allow costs for all pre-trial steps.

The court declined to apply the rule retrospectively, following recent jurisprudence.

Applying the principles of proportionality and reasonableness, the court awarded the applicant costs fixed at $40,000 inclusive of disbursements, plus HST.

The parties separated after a 32-year traditional marriage.

The applicant sought spousal support, an equalization of net family properties, and a divorce.

The court ordered the respondent to pay an equalization payment of $403,421.14, which included the division of his federal pension at source.

The court imputed income to the respondent from his private corporation and ordered him to pay spousal support of $1,800 per month until the pension transfer, reducing to $375 per month thereafter.

The court dismissed the respondent's claim that an equal division of net family properties would be unconscionable.