Robert W. Sager

The parties submitted written arguments regarding costs following the applicant's successful motion for enforcement of a disclosure order and interim spousal support.

The applicant sought substantial indemnity costs, relying on a written offer to settle that was more favourable than the order obtained.

The court found the applicant was the successful party and that the respondent's dilatory approach to financial disclosure necessitated the motion.

The court awarded the applicant costs on a substantial indemnity basis, fixed at $5,500 inclusive of fees, disbursements, and HST.

The applicant was successful on a motion to stay the respondent's motion to change and sought costs of $8,138.42 on a substantial indemnity basis.

The respondent argued the quantum was excessive and cited an inability to pay that would impact his child support obligations.

The court found the applicant's offer to settle lacked clarity to trigger full recovery costs, but noted the applicant acted reasonably by making an offer.

Applying principles of proportionality and reasonable expectations, the court fixed costs at $4,500.

The court declined to make the costs enforceable as child support, as the underlying motion predominantly concerned access.