The Applicant, Ms. Davidson, sought costs after being the more successful party on a motion concerning exclusive possession and sale of the matrimonial home, child support for two adult children, and compliance with a disclosure order.
The Respondent, Mr. Davidson, brought a cross-motion.
The court found Ms. Davidson more successful overall, having obtained orders for exclusive possession, sale, and child support based on imputed income.
While both parties exhibited some unreasonable behaviour, Mr. Davidson's was to a greater extent, particularly regarding disclosure.
The court fixed costs at $8,000 for Ms. Davidson, inclusive of disbursements and HST, to be paid by Mr. Davidson.