Randy S. Brant

The applicant brought a motion for interim spousal support following the breakdown of a 20-year marriage.

The parties enjoyed a high standard of living during the marriage, with the respondent earning a significantly higher income than the applicant.

The court found that the applicant was entitled to interim support to maintain a standard of living commensurate with that enjoyed prior to separation.

The respondent was ordered to pay $12,500 per month in interim spousal support, retroactive to January 1, 2019.

The respondent was substantially successful on motions to bifurcate the trial and compel financial disclosure from the applicant, who was seeking to set aside their separation agreement.

The parties could not agree on costs.

The respondent sought $12,290.00 on a substantial indemnity scale, while the applicant argued for $3,000.00.

The court found that the applicant's conduct in challenging the agreement while concealing his current financial circumstances warranted costs on a substantial indemnity scale.

The court fixed the respondent's costs at $8,407.20, inclusive of HST, after adjusting the hours claimed for preparation to ensure proportionality and reasonableness.