Zarie Lorne

The applicant's motion for an interim order to sell a jointly owned home was previously dismissed.

The respondent sought costs of $9,166, while the applicant argued no costs should be payable.

Applying the costs framework under Rule 24 of the Family Law Rules, the court found the respondent was successful and entitled to costs.

The court fixed the costs at $5,000, noting the applicant's motion was not unreasonable and the respondent's bill included work unrelated to the motion.

The applicant sought an order for the immediate sale of a jointly owned home, division of net proceeds, and agreement on a listing agent.

The respondent opposed, arguing that a sale would cause hardship amounting to oppression, particularly for their 14-year-old son, and that the applicant had not contributed significantly to the home since separation.

The court dismissed the motion, finding that the respondent had demonstrated sufficient reason to refuse the sale based on oppression, and ordered a joint settlement/trial management conference to expedite the resolution of the property dispute.