Norman Pizzale

Following a complex family law trial where the respondent was largely successful, the court determined the issue of costs.

The applicant failed to file costs submissions.

The court reviewed the parties' offers to settle, finding the respondent beat his offer on the equalization issue but not on all issues.

The court noted the applicant's unreasonable and obstructive behaviour throughout the litigation, which caused significant delay and wasted resources.

The court awarded the respondent costs fixed at $125,000 on a partial recovery basis, to be credited against the equalization payment owed to the applicant.

The parties separated after a 6.5-year marriage.

The court resolved corollary issues including equalization, child support, spousal support, and property damage.

The court found the applicant to be a highly uncredible witness.

The applicant's claims for child support and ongoing spousal support were dismissed, with the court finding the respondent did not stand in the place of a parent to her son, and that her entitlement to spousal support had expired.

The court awarded the respondent $120,000 in damages in tort, finding the applicant intentionally turned off the furnaces in the matrimonial home, causing the pipes to freeze and burst.

An equalization payment of $1,544,025 was ordered payable to the applicant, subject to significant credits in favour of the respondent.