Thomas G. Chalmers

The applicant sought costs following a successful motion for interim spousal support.

The applicant claimed $19,933.50 plus HST, while the respondent argued costs should be limited to $4,500.

The court found the applicant was presumptively entitled to costs and that her offers to settle were closer to the final order, though they did not trigger the automatic costs consequences of Rule 18(14).

The court fixed the applicant's costs at $15,000 plus HST, for a total of $16,950, noting the complexity of determining the respondent's income.

The party seeking costs was largely successful in setting aside notices of garnishment issued for child support and section 7 expenses.

He sought costs of $9,568.74 on a full-indemnity basis, while the opposing party argued for no costs or a maximum of $350.

The court noted that both parties lost focus on proportionality, expending time and effort disproportionate to the issues at stake.

Finding the opposing party's conduct unreasonable but not rising to bad faith, the court awarded fixed costs of $2,500.