The applicant sought costs of $20,000 on a full recovery basis following a successful motion for temporary spousal support, arguing the respondent acted in bad faith by failing to provide financial disclosure.
The respondent argued costs should be deferred to the trial judge or no costs awarded due to divided success and financial hardship.
The court found the applicant was substantially successful and the respondent's conduct was unreasonable but did not amount to bad faith.
Costs were awarded to the applicant on a partial indemnity scale in the amount of $14,924.77.