This was a family law costs endorsement following a trial involving custody, access, spousal support, child support, occupation rent, and property equalization.
The court applied s. 131 of the Courts of Justice Act and Rules 24 and 18(16) of the Family Law Rules, finding the applicant achieved substantial success on most contested issues and that her offer to settle was materially more reasonable.
The court also found the respondent's conduct, particularly on property division, increased trial time and costs unnecessarily.
After reducing disbursements for an unused expert report, the court fixed costs in the applicant's favour at $40,500 inclusive of HST and disbursements.
