The appellant wife appealed a trial judgment ordering her to pay occupation rent, dismissing her claim for spousal support, and awarding the respondent $47,106 in trial costs.
The Court of Appeal upheld the occupation rent award, finding the appellant's conduct delayed the sale of the matrimonial home.
However, the Court found the trial judge erred in denying spousal support, noting the appellant was not required to deplete her inheritance to support herself, and awarded $23,200 in retroactive and future support.
Finally, the Court reduced the trial costs award to $20,000, balancing the appellant's poor litigation conduct with the divided success.
