The applicant, Victoria Chechui, sought costs following a trial where she was awarded an interest in a property but not a joint account.
The respondent, Ian Jamieson Nieman, argued for divided success and reduced costs.
The court found Victoria entitled to costs, noting Ian forced the matter to trial and made a late, unreasonable offer.
The court declined to undertake a detailed analysis of time spent on each issue, finding it impractical and noting Ian's conduct prolonged the trial.
The court rejected Victoria's claim for full indemnity costs based on her offer to settle, as the offer was for a fixed amount for half the property, while the order was for sale and equal division, making it impossible to compare.
However, Victoria's offer was deemed more reasonable than Ian's.
The court removed costs for settlement and trial management conferences where no costs were ordered, and for an articling student's time deemed unreasonable.
Considering the purposes of costs, offers to settle, reasonableness, proportionality, and the losing party's expectations, the court fixed Victoria's costs at $180,000 inclusive of HST and disbursements.
