The respondent was successful at a Focussed Hearing regarding the validity of a Post Nuptial Agreement and sought full indemnity costs of $144,762.72, including costs for prior steps.
The applicant argued for no costs or reduced costs, and requested a stay of enforcement pending her appeal.
The court declined to award costs for prior conferences, focusing only on the Focussed Hearing.
Finding the respondent's claimed fees on the higher side and no basis for full indemnity, the court awarded the respondent costs of $37,500 inclusive of disbursements and HST.
The court also stayed enforcement of the costs award until the appeal is concluded.