Yanik Guilbault

The applicant sought costs of $15,552.88 following a successful motion regarding parenting time and the sale of the home.

The respondent argued costs should be in the cause.

The court found the applicant was the successful party, though not fully successful, and had made a reasonable offer to settle.

The court fixed the applicant's costs at $10,000, inclusive of costs thrown away from a prior adjournment, with payment deferred until the final determination of the case due to income disparity and the holding of house sale proceeds in trust.

Following a family law trial addressing parenting issues, interpretation of a cohabitation agreement, division of property, retroactive and ongoing child support, and retroactive and ongoing spousal support, the court determined the appropriate costs award.

The applicant was substantially successful on the majority of the financial issues, including the interpretation of the cohabitation agreement, equal division of the matrimonial home, retroactive and ongoing child support, and spousal support.

Although both parties made settlement offers, none triggered the mandatory consequences under Rule 18(14), though the applicant’s offers were generally closer to the trial outcome.

Considering the presumption of costs under Rule 24(1), the parties’ conduct, the high-conflict nature of the litigation, and the substantial legal expenses incurred, the court ordered a significant contribution to the successful party’s costs.