2 total
Successful party awarded mixed partial and full indemnity costs after beating offer to settle.
Following a four‑day family law trial primarily concerning custody of the parties’ children, the court addressed costs.
The trial resulted in a shared custody order, retroactive child support, and ongoing spousal support, with the applicant largely successful except on retroactive spousal support.
Applying Rule 24 of the Family Law Rules, the court found the applicant achieved substantial success and was presumptively entitled to costs.
Because the applicant obtained a result equal to or better than her formal offer to settle under Rule 18, she was entitled to partial indemnity costs up to the date of the offer and full indemnity costs thereafter.
Costs were fixed at $16,180 inclusive of HST.
Joint custody and shared parenting maintained; retroactive child support awarded.
A family law trial addressing custody, parenting arrangements, child support, and spousal support following separation.
The parties had already been exercising a shared parenting arrangement for several years.
The respondent alleged the applicant had alcohol abuse and parenting deficiencies and sought sole custody, while the applicant sought continuation of shared custody.
The court found the allegations largely unsupported and determined both parties were capable parents.
Joint custody with equal parenting time was ordered, retroactive child support was granted, retroactive spousal support was dismissed due to delay and hardship considerations, and ongoing child and spousal support were set based on imputed and actual incomes.
