P. Simm

This decision addresses the determination of costs following an omnibus judgment in a protracted family and civil litigation spanning ten years.

The court fixed costs for three main issues: a dispute with a bailiff, claims between the Applicant and the Respondent/his mother, and an action against Abrahams LLP.

The court applied both Family Law Rules and Rules of Civil Procedure principles, emphasizing that successful parties are entitled to costs and that egregious or reprehensible conduct warrants full or substantial indemnity.

The Respondent and his mother were found to have engaged in abusive litigation conduct, leading to significant cost awards against them, while the Applicant was ordered to pay the bailiff's costs for an improper motion.

The parties have been embroiled in complex family and civil litigation since their separation in 2014.

Following a final judgment in the family law proceeding awarding the applicant over $1.5 million, the court addressed several outstanding issues through case management.

The court dismissed the applicant's motion under Rule 59.06 to reconsider a previous order regarding bailiff fees.

Applying the doctrines of issue estoppel and abuse of process, the court dismissed the respondent's remaining civil claims against the applicant and her former counsel.

The court also found that the respondent's mother, who had purchased some of the respondent's actions from his trustee in bankruptcy and held legal title to a property beneficially owned by the respondent, was bound by the court's previous factual findings and dismissed her claims.

The court ordered that if the respondent failed to pay the judgment within 45 days, the property would be seized and sold.

Finally, the court held it had jurisdiction under Rule 1(8) of the Family Law Rules to enforce outstanding costs orders made by the Court of Appeal.