Paul Trenker

Decision on costs following a trial judgment in a civil action.

The defendant argued no costs should be payable because the award was under $200,000 and the action should have proceeded under Rule 76 Simplified Procedure.

The court rejected this argument, finding it was reasonable for the plaintiff to have commenced and continued the action under ordinary procedure given the claims for general and punitive damages were not vexatious.

Applying the factors under Rule 57.01, the court awarded the plaintiff partial indemnity costs of $77,264.97, noting the plaintiff's multiple settlement offers exceeded the trial outcome except for one early offer.

The applicant moved for a temporary order for spousal support following the breakdown of a 30-year traditional marriage.

The respondent opposed the motion, arguing the applicant suffered no economic disadvantage and failed to mitigate expenses by selling the matrimonial home.

The court found the applicant entitled to support on a non-compensatory and compensatory basis under the Family Law Act.

The court ordered the respondent to pay temporary spousal support at the high end of the Spousal Support Advisory Guidelines range ($2,568 per month) until the matrimonial home is sold, after which support will reduce to the mid-range amount ($2,297 per month).

The applicant sought spousal support of $1,500 per month while receiving CPP disability benefits and incurring significant monthly drug expenses.

The respondent had a monthly income of approximately $5,021.

The Spousal Support Advisory Guidelines suggested a range of $552 to $737 per month based on the parties’ circumstances.

The court found that the applicant’s financial needs, including increased expenses associated with her adult son returning home while attending college and her disability-related costs, justified an award above the guideline range.

Spousal support was set at $1,000 per month and the respondent was ordered to maintain medical and drug coverage.