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Supplemental reasons on costs and settling the order in a family law case. The claimant was held substantially successful and awarded ordinary costs, plus special costs for part of the litigation.
Court granted divorce and conducted MPA division using parties' agreed identifications and valuation dates where available, accepted midpoint house valuation for buyout, denied respondent an unequal share for renovations due to insufficient evidence, valued and divided pensions using the pro rata method for the respondent's teacher pension and applied an average marginal tax rate for discounting in the equities of this delayed division, refused pre-judgment interest as MPA equalization is not a debt/damages claim and delay by parties precluded interest, and denied both compensatory and non-co…
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Mr. MacDonald was the more successful party; Ms. MacDonald’s conduct unnecessarily prolonged the litigation and consumed court time; under Rule 77 the court exercises its discretion to order party and party costs and may depart from strict tariffs where appropriate; applying those principles to a two‑day hearing and the parties’ conduct, a costs award of $4,500 payable by Ms. MacDonald was justified and proportionate.
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The court granted a divorce, ordered sale of the matrimonial home, dismissed spousal support by agreement, and ordered each party to bear their own costs.
The court granted joint custody, kept the children’s principal residence with the mother, set a revised access schedule, and ordered child support, nominal spousal support, and debt allocation.
The court found the Mother to be the overall successful party, particularly on parenting, and that certain actions by the Father increased the Mother's costs; the tariff would yield approximately $12,923 but a lump sum better represents a substantial contribution without amounting to indemnity, therefore costs of $15,000 awarded to the Mother.
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Divorce is granted; asset allocation and equalization as set out in the attached equalization chart results in respondent owing petitioner $60,011.50 payable forthwith; matrimonial home transferred to wife subject to assumption of encumbrances and a strict timetable to obtain release of husband’s covenants or list for sale; cottage assigned to husband; RESP divided equally; non‑vested portion of husband’s retirement annuity excluded as a capitalized matrimonial asset and instead the husband’s literal termination entitlement of $31,012 is included in the equalization chart; husband does not st…
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Divorce granted; equal division of matrimonial assets ordered because unequal division was not shown to be unfair under the Matrimonial Property Act; matrimonial home must be sold and net proceeds used to pay specified matrimonial debts with residue divided equally subject to enumerated adjustments; husband’s pension to be divided at source using the parties’ agreed formula based on years of service attributable to the marriage/cohabitation period; incomes were imputed (husband $56,000; wife imputed amounts) and child support and spousal support awards were set accordingly (periodic spousal s…
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Clause 7.01(c) of the marriage contract released claims to compensation for contributions, so the respondent could not require the appellant to repay the line‑of‑credit debt he had paid; the trial judge's valuation of the joint bank account as of May 9 and his division of furnishings were within his discretion and supported by evidence, so those parts of the appeal were dismissed; the corollary relief judgment was amended and costs awarded to the appellant.
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