Peter Eberlie

The parties sought costs following a 16-day family law trial.

The applicant claimed $375,000 on a full indemnity basis, while the respondent claimed $587,738.68 on a substantial indemnity basis.

The court found that while success was divided, the applicant was the more successful party and her settlement offers were far more realistic than the respondent's.

The court awarded the applicant costs in the all-inclusive amount of $165,000.

The applicant brought a motion to increase interim spousal support, seeking to impute over $1.8 million in corporate income to the respondent following a corporate reorganization.

The respondent brought a cross-motion to compel the applicant to approve the valuation reports of a jointly retained expert.

The court dismissed the applicant's motion, finding no material change in circumstances and preferring the joint expert's preliminary view that a promissory note from the reorganization was not available income.

The court also dismissed the respondent's motion to compel approval but provided directions for finalizing the expert reports.

The applicant mother and respondent father brought competing motions regarding interim exclusive possession of the matrimonial home, parenting, and support.

The parties had a high-conflict separation resulting in the applicant being charged with assault and removed from the home.

The court granted the applicant interim exclusive possession of the home, finding it was in the children's best interests to return to their home and daycare routine.

The court imputed the respondent's income at $266,952 based on prior earnings and non-taxable benefits, ordering interim child and spousal support.

The applicant was granted sole decision-making responsibility, and the respondent's parenting time was ordered to be supervised for three months due to concerns about his alcohol consumption.

The parties filed written submissions for costs following a motion regarding child access where success was divided.

The applicant sought $5,579 and the respondent sought $7,500.

The court noted that 21 affidavits were filed on the motion, yet neither party made an offer to settle.

Applying the Family Law Rules, the court found that the failure to make an offer to settle constituted unreasonable behaviour.

Consequently, the court declined to award costs to either party, ordering each to bear their own costs.

The applicant father brought a motion for interim access to the parties' three children.

The respondent mother sought to restrict access to supervised, daytime-only visits, alleging the father had substance abuse issues and had inappropriately touched one of the children.

The court found insufficient evidence to support the touching allegations or to require supervised access, but concluded that prima facie concerns regarding substance abuse justified a temporary prohibition on overnight access and conditions prohibiting alcohol and drug use prior to and during access.

The applicant and respondent separated after a 19-year marriage.

The court determined issues of equalization, child support, and spousal support.

The court found the applicant had hidden assets and imputed income to her due to undisclosed cash from a business.

The respondent was ordered to pay an equalization payment of $139,690.81.

Retrospective child support was offset, resulting in the applicant owing the respondent $1,191.85, while the respondent was ordered to pay ongoing child support and spousal support.

In a high-conflict family law proceeding, the applicant father brought a motion to compel the respondent mother's father and boyfriend to attend for oral questioning as non-parties.

The court dismissed the motion, finding that the applicant failed to satisfy the strict criteria under Rule 20(5) of the Family Law Rules, as questioning non-parties is a last resort and the information sought was either irrelevant or available from the respondent herself.

The respondent's father was, however, ordered to provide an affidavit regarding specific financial gifts and a vehicle transfer.