Following a successful motion to change in which spousal support was terminated and the opposing claim for increased support was dismissed, the court addressed the issue of costs.
The successful party sought partial indemnity costs exceeding $20,000 plus HST and disbursements.
The opposing party argued that either no costs should be awarded or that costs should be limited to $5,000, emphasizing limited income.
Applying Rule 24(1) of the Family Law Rules and the principles governing reasonable costs awards, the court took a global approach, considering the modest complexity of the case, the two‑day trial, and the parties’ financial circumstances.
The court fixed fair and reasonable costs at $10,000 inclusive of HST, with disbursements to be addressed separately if the parties could not reach agreement.
