Following a family law motion in which the respondent was successful, the court determined the appropriate costs award under Rule 24 of the Family Law Rules.
The motion brought by the applicant seeking temporary spousal support, disclosure of extensive medical records, and a restraining order had been dismissed.
The court found the applicant acted unreasonably by pursuing unsupported claims, seeking excessive disclosure, embellishing evidence supporting a restraining order, and significantly altering her spousal support claim shortly before the hearing.
Although the motion compelled some disclosure from the respondent, the applicant’s overall conduct justified costs above partial indemnity but below full recovery.
The court fixed costs payable by the applicant to the respondent at $8,500 inclusive.
