Following the dismissal of the applicant's motion for an interim preservation order regarding the matrimonial home pending appeal, the respondent sought costs on a full indemnity basis.
The court found that the respondent's offer to settle was more favourable than the judgment and that the applicant's conduct unnecessarily increased costs.
The court awarded the respondent costs fixed at $6,500 on a substantial indemnity basis, payable within 30 days.