Following trial reasons dealing with child support, spousal support, and division of the children’s RESPs, the court addressed costs where the parties were unable to agree.
The applicant sought recovery of legal fees and disbursements after filing a bill of costs exceeding $46,000.
The respondent accepted most of the time claimed but argued for a reduction based on partial indemnity and divided success, particularly relating to an unsuccessful retroactive section 7 expense claim.
Applying Rule 24(11) of the Family Law Rules and considering the parties’ offers to settle, the court reduced the fees and certain disbursements.
Costs were fixed at $32,789.43 inclusive of HST and disbursements and were ordered to constitute a support order enforceable under the Family Responsibility and Support Arrears Enforcement Act, 1996.