Stacy M. MacCormac

The Divisional Court determined costs following an appeal that increased the appellant's equalization payment by approximately $50,000.

The appellant was awarded $15,000 in costs for the appeal due to her partial success.

However, the court declined to vary the trial judge's $70,000 costs award against the appellant, noting that the respondent's pre-trial offer to settle remained higher than the final equalization amount.

The court also clarified that Family Law Rule 24(10) does not preclude a trial judge from awarding costs for pre-trial steps that do not require judicial intervention.

The appellant wife appealed a trial decision regarding the equalization of net family properties.

The primary issue was whether the trial judge erred in law by failing to deduct a line of credit, secured by a collateral mortgage on the matrimonial home, from the respondent husband's date of marriage assets.

The Divisional Court held that under the Family Law Act and the test in Collier v. Torbar, a debt must be incurred to acquire, maintain, or improve the matrimonial home to be exempt from deduction.

The court adjusted the equalization payment to account for this error, as well as omitted assets including a vehicle and a generator, increasing the payment owed to the appellant to $96,462.41.