Following a Summary Trial for division of matrimonial assets and spousal support, the parties made submissions on Costs. The Court canvassed Rules 10.29, 10.31, and 10.33, noting the fundamental principles that the successful party is generally entitled to costs and that the court has considerable discretion in awarding costs.

The Court disagreed with both parties’ submissions on Costs, finding that there was mixed success and if there were no further factors to consider, the parties would have been ordered to bear their own Costs. However, throughout the proceedings, the Plaintiff did not comply with the Court’s directions and attempted to relitigate the matter in the Costs submissions. As such, Justice Harris awarded Costs of $10,000 against the Plaintiff for her litigation misconduct throughout the proceedings.