Following a determination of spousal support in a matrimonial Action the husband applied to settle Costs. Justice Nixon considered whether Costs could still be determined by the Court notwithstanding the fact that the 30 days during which the parties could make submissions had expired.

Prior to addressing the issue of timeliness, Justice Nixon confirmed that the Costs of proceedings are at the discretion of the Court, but this discretion must be exercised within certain parameters. The Costs awarded must be reasonable and proper pursuant to Rule 10.31 and the Court may consider the factors listed in Rule 10.33 when making its decision. These factors include the result of the action and the degree of success of each party.

Nixon J. stated that the Court also has discretion pursuant to Rule 13.5 to alter a time period specified in an Order or Judgment. Therefore, the 30-day period set by the Court for the parties to make submissions on Costs was not dispositive of the matter. Referring to jurisprudence, Nixon J. confirmed that a successful party should only be precluded from seeking Costs if the other party has “suffered substantive prejudice”. As there was no such prejudice in this case, Justice Nixon awarded Costs to the husband in the amount of $2,500.