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.
