Following competing family law motions regarding property division, exclusive possession of the matrimonial home, and child and spousal support, the applicant mother was entirely successful in defeating the respondent father’s motion and largely successful on her own motion.
The court determined that she was presumptively entitled to costs under Rule 24 of the Family Law Rules.
In assessing quantum, the court considered settlement offers under Rule 18(16), the reasonableness of the parties’ litigation conduct, the moderate complexity of the issues, and the respondent’s financial circumstances.
Although the applicant sought substantial indemnity costs exceeding $27,000, the court discounted the claimed legal fees by one‑third.
The respondent was ordered to pay $19,000 in all‑inclusive costs payable in instalments.
