Following an eight‑day family law trial involving a claim for unjust enrichment and claims for retroactive and ongoing child support, the court determined the issue of costs.
The applicant had served a written offer to settle before trial that was more favourable to the respondent than the ultimate result.
Applying rule 18.14 of the Family Law Rules, the court held that a strong presumption arises in favour of awarding full recovery of legal costs incurred after the offer where the opposing party fails to obtain a better result at trial.
The court found the hourly rate and time claimed by the applicant’s counsel to be reasonable and rejected arguments that the costs should be reduced.
Costs were fixed at $43,163.21 inclusive of fees, HST, and disbursements.
