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.
