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Costs awarded to successful applicant who beat her offers to settle in joint family and civil trial.
Following a joint family and civil trial where the applicant was largely successful, the court determined the issue of costs.
The respondent, who was self-represented at trial, failed to submit costs materials.
The court considered the applicant's offers to settle, which she beat at trial, and the respondent's unreasonable behaviour that lengthened the proceedings.
The court awarded the applicant costs of $60,250 for fees and $11,705.15 for disbursements, plus HST.
Successful applicant awarded reduced partial indemnity costs after unopposed property sale application.
Following a successful family law application permitting the sale of the matrimonial home and adjoining hobby farm without the respondent spouse’s consent, the court addressed the issue of costs.
The respondent had opposed the sale but presented no practical evidence supporting her desire to purchase the property herself and no substantive defence to the application.
The court considered the principles of reasonableness and access to justice articulated in Boucher v. Public Accountants.
While the applicant sought partial indemnity costs exceeding $5,500, the court awarded reduced partial indemnity costs in the amount of $1,500 payable after judgment following trial or settlement.
