Vincent de Paul Wafo

The moving party brought a motion for leave to appeal a lower court decision.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $5,000 to the responding party.

The applicant sought substantial indemnity costs of $6,593.25 related to a motion, citing the respondent's procedural failures and non-compliance with court orders.

The court found the applicant's arguments for substantial indemnity unpersuasive.

The judge noted several issues with the applicant's own claims during the motion, including the improper inclusion of pre-separation expenses as Section 7 expenses, incorrect spousal support calculations, persistence in seeking an annulment without standing, and requesting a custody order that had already been granted.

The court concluded that the motion requests were not reasonable and no realistic offer to settle had been served, therefore declining to award costs on any basis.

The applicant, Chantal Muswanba Bukasa, brought a motion seeking spousal support, sole custody, annulment of the respondent's subsequent marriage, disclosure of financial information, and contribution to section 7 expenses.

The court denied the annulment request, citing the applicant's lack of standing, and noted that a prior custody order for the child already existed.

The respondent, Patrice Nwepu Nyembwe, was ordered to provide full disclosure of his pension and REER information.

Most of the applicant's claims for section 7 expenses were rejected as they either predated separation, were not legitimate section 7 expenses (e.g., clothing), or lacked sufficient supporting detail.

The court awarded spousal support to the applicant at the high end of the Spousal Support Guidelines range, but significantly less than requested, based on the respondent's imputed income and after accounting for existing child support.

The respondent was also compelled to file a Financial Statement.