Following motions in a family law proceeding, the court determined the issue of costs pursuant to the Family Law Rules.
The applicant had been the more successful party, obtaining child and spousal support on a without prejudice basis and defeating the respondent’s claim for exclusive possession of the matrimonial home.
The respondent argued that costs should be reserved or that each party bear their own costs because the support order was made without prejudice.
The court rejected that position, emphasizing that Rule 24(10) requires costs to be determined at each step of a proceeding.
Partial indemnity costs were awarded to the successful party, with reductions to the claimed hourly rate, travel time, and attendance time.
