S. Razzouk

Following a bifurcated motion where the applicant husband successfully obtained a stay of temporary support orders and the release of trust funds, he sought full indemnity costs of $17,986.37.

The respondent wife argued against a costs award due to her limited financial means.

The court considered the factors under Rule 24 of the Family Law Rules, including reasonableness, proportionality, and the wife's ability to pay.

The court ordered the respondent wife to pay costs fixed at $11,500, payable in any event of the cause.

The applicant husband, an airline pilot, brought a motion to vary or stay temporary child and spousal support orders and to release funds from the sale of the matrimonial home.

The husband had lost his employment due to a voluntary leave of absence for immigration purposes, followed by pandemic-related layoffs and the onset of tinnitus.

The court found that the husband met the test for an interim variation, as he currently had no income and was not intentionally underemployed given the pandemic and his medical condition.

The court suspended the husband's support obligations on an interim basis and ordered the release of $35,000 to each party from the matrimonial home proceeds.