Following a 13‑day family law trial involving custody, residential arrangements for children, and retroactive child and spousal support, both parties sought costs.
The court found the applicant to be the successful party after obtaining sole custody, defeating the respondent’s claim for equal parenting time, and securing retroactive support exceeding $140,000 based on a higher imputed income.
The respondent argued for divided success based on various factual findings and limited access adjustments, but the court rejected that characterization.
Litigation conduct issues were raised against both parties, including delay, breaches of communication restrictions, and difficulties caused by the respondent’s inadequate financial disclosure.
The court awarded the applicant generous partial indemnity costs but declined full indemnity due to procedural irregularities and aspects of the applicant’s conduct.
