Both the Plaintiff wife and the Defendant husband in a divorce matter applied for Costs following a Trial Decision. The Plaintiff sought a range of $95,729.19 and $113,890.76, using Schedule C, plus seeking double Costs for certain appearances. The Defendant sought $45,750.

Gill J. noted that the Plaintiff was 100% successful on the issue necessitating Trial, which was related to the division of the Defendants pension. The Court considered the applicable Costs Rules, including Rules 10.31 and 10.33. In applying these Rules, the Court noted that most of the Trial centered on the pension issue. Further, the Plaintiff had made two Calderbank Offers to the Defendant prior to the Trial that were matched or bettered at Trial.

Both parties pointed to the pre-Trial conduct of the other, but the Court did not assign any weight to these arguments. Ultimately, Gill J. held that Column 4 Costs were appropriate in the circumstances, with double Costs being awarded to the Plaintiff for several items. After reducing the Costs Award by 10% to account for the parties mixed success on several smaller issues at Trial, the Plaintiff was awarded $86,500 in Costs.