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Substantially successful applicant in family law trial awarded $18,000 in costs.
Following a six-day family law trial where the applicant was substantially successful in proving a customary marriage and entitlement to spousal and child support, the applicant sought costs of $20,000.
The court considered the factors under Rule 57.01(1) of the Rules of Civil Procedure, noting the respondent's unreasonable denial of the relationship.
Recognizing the applicant's divided success on some financial issues, the court awarded costs fixed at $18,000 inclusive.
The court recognized a Ghanaian customary marriage, ordered equalization of net family property, and imputed income to the respondent for support purposes.
The applicant sought a declaration of marriage validity under Ghanaian customary law, spousal and child support, and equalization of net family property.
The respondent denied the marriage and disputed financial claims.
The court found the applicant's testimony credible and the respondent's incredible, confirming the validity of the customary marriage in Ghana.
The court imputed income to the respondent due to non-disclosure and inconsistencies, ordered child and spousal support retroactive to the separation date, and an equalization payment.
The matrimonial home was ordered to be listed for sale, and the respondent was to maintain a life insurance policy for the applicant.
The court awarded the successful mother $17,834.61 in costs due to the father's unreasonable and combative trial conduct.
This is a costs decision following a nine-day trial concerning custody, access, and child support of a five-year-old child.
The applicant was entirely successful at trial, obtaining sole custody with supervised access for the respondent, child support, and various ancillary orders.
The respondent conceded the applicant's success but argued no costs should be awarded.
The court awarded costs to the applicant, finding that while the issues were straightforward, the respondent's unreasonable and obstructive conduct during trial, combined with his aggressive and confrontational demeanor, justified a costs award despite the absence of a formal offer to settle.
The court awarded sole custody to the mother and supervised access to the father following abuse allegations.
A nine-day trial concerning custody, access, and child support of a five-year-old child.
The mother sought sole custody, supervised access for the father, and child support.
The father sought sole or joint custody, equal time-sharing or liberal access, and no child support.
The court found that the child made credible disclosures of sexual abuse by the father, though criminal charges were withdrawn.
The court awarded sole custody to the mother, ordered supervised access for the father at a supervised access centre for two hours every other weekend, and determined child support obligations with arrears.
The court emphasized the high-conflict nature of the relationship and the father's inability to prioritize the child's best interests.