The applicant husband brought a motion for summary judgment regarding the date of separation.
The parties settled the separation date issue, agreeing to the husband's proposed date.
The court was then asked to determine the costs of the summary judgment motion.
The husband sought substantial indemnity costs, arguing the wife capitulated and acted in bad faith.
The wife argued that settlement made a costs award inappropriate.
The court found no bad faith on the wife's part and criticized the husband's counsel for excessive billing and relying on outdated case law.
The court awarded costs fixed at $2,500, all-inclusive, payable in the cause of the ongoing application, significantly less than what the husband sought.
