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The court held the plaintiffs were substantially successful and declined to reduce costs, awarding them trial costs at Scale B.
The Registrar allowed special costs for post-trial steps to sell the family home, awarding $44,318.36 plus disbursements, but no costs of the assessment hearing.
Award costs at Scale 2 of Tariff A (base $4,000 plus $2,000 for one day) because the applicant was successful on the contested spousal support issues; decline to increase to Scale 3 because applicant's late abandonment of the property claim and late filings mitigated against an enhanced award and because the applicant's settlement offer was not more favourable once tax consequences were accounted for.
Source excerpt
The court assessed special costs after a costs appeal, finding the plaintiff’s conduct and meritless arguments had lengthened proceedings and justified a reduced award.
Costs reasons in a family trial. The court held the successful respondent was entitled to costs, but made the respondent bear the cost of an unnecessary distributive tax report.
The Court of Appeal dismissed a request for special costs but fixed the respondent’s appeal costs at a $7,000 lump sum, to avoid taxation and further conflict.
The court ordered sale of a jointly held property under the Partition of Property Act, finding no good reason to refuse sale despite the respondent’s hardship concerns.
Post-trial costs reasons in a family case, with costs apportioned by phase of the litigation and the claimant awarded post-February 3, 2014 costs payable only from funds held in court.
Respondent, as the successful party, is entitled to a contribution to costs; balancing the respondent's significant legal expense and the applicant's misconduct and delays against the applicant's limited ability to pay, the court awarded a lump sum of $7,500 plus adjusted disbursements and directed caps and procedural steps to limit recoverable expenses.
Source excerpt
The court awarded costs to the successful claimant, fixed them at $123,681.61, and declined double costs despite settlement offers and the respondent’s conduct.
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