Thomas Bastedo

Following the dismissal of both the appeal and cross-appeal, the parties made written submissions on costs.

The respondent sought $15,000, arguing the appeal was more complex and time-consuming than the cross-appeal.

The appellant argued for no costs on the basis of divided success.

The Court of Appeal agreed with the appellant and ordered no costs.

Following a 27-year marriage, the parties separated and engaged in a collaborative family law process to resolve issues including the valuation of their jointly owned businesses.

The process broke down, but the parties reached an informal agreement regarding the buyout of the wife's shares, which was partially performed.

The husband later initiated proceedings for divorce, equalization, and a compelled transfer of shares.

The trial judge found a binding agreement existed regarding the share valuation, ordered the husband to pay $800 per month in spousal support, and awarded the husband substantial indemnity costs due to the wife's unreasonable settlement demands.

The Court of Appeal dismissed both the husband's appeal and the wife's cross-appeal, upholding the trial judge's findings on the binding nature of the agreement, the spousal support award, and the costs order.