Tracey Foster

The Court of Appeal reviewed written submissions regarding the costs of an appeal.

The court declined to award costs on a substantial indemnity scale.

Costs of the appeal were fixed in favour of the respondent at $12,500 inclusive of GST and disbursements.

The appellant appealed a trial judgment regarding child and spousal support, custody and mobility, and equalization.

The appellant argued the trial judge erred in calculating his income, allowing the respondent to relocate to New York with the children, discounting family loans for equalization purposes, and managing the trial proceedings.

The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's factual findings, application of the mobility test, or valuation of the debts.

The court also held that while the trial judge erred in restricting cross-examination on an expert report, it did not deprive the appellant of a fair trial.