Following an earlier endorsement resolving a motion regarding the release of funds from the proceeds of sale of a matrimonial home to address a tax debt owed to the Canada Revenue Agency, the parties provided written submissions on costs.
Each party asserted that they were the successful party and sought partial or substantial indemnity costs under Rule 24(1) of the Family Law Rules.
The court reviewed the circumstances of the underlying motion, including the respondent’s decision to seek funds from trust rather than pursue variation of a prior order restricting depletion of RRSPs and the applicant’s litigation conduct.
The court concluded that neither party could be fairly characterized as the successful party.
In the circumstances, the court ordered that each party bear their own costs.
