The Plaintiff sought a Costs Award following a Decision on her claims for divorce, spousal support, and division of matrimonial property. The Trial, which spanned eight days, involved substantial records and was complicated by the Defendant’s failure to make full and frank disclosure.

The Plaintiff argued for enhanced Costs due to the Defendant’s conduct, which protracted the litigation by delaying the Action, refusing to admit relevant facts, and consistently violating Court Orders.

The Court found that the Defendant’s conduct in failing to make full disclosure, failing to comply with Case Management Orders, and dissipating matrimonial assets, although not justifying an award of solicitor-client Costs, fell short of what was expected of a responsible litigant and warranted enhanced Costs. Recognizing the extraordinary efforts required to address the Defendant’s litigation misconduct and the incomplete evidence presented at Trial, the Plaintiff was awarded lump sum Costs of $620,000.00 (inclusive of disbursements and GST) under Rule 10.31, which allows the Court to order payment of reasonable and proper Costs without reference to Schedule C.