10.29: General rule for payment of litigation costs
10.33: Court considerations in making costs award

Case Summary

Following a seven-day trial, the parties asked the Court for a decision on costs. Each party took the position that they were entitled to costs. The Court noted that generally, pursuant to Rule 10.29, a successful party is entitled to costs from an unsuccessful party. The Court also reviewed Rules 10.33(1) and 10.33(2) and highlighted several factors relevant to this Action that a Court could consider in making a costs award, including: the result of the Action and the degree of success of each party, the amount claimed and the amount recovered, the importance of the issues, the complexity of the Action, and the conduct of a party that tended to shorten the action.

The Court found that overall, amongst other things: (1) the Defendant was successful on most of the trial issues; (2) the Defendant did not receive the amount of spousal support he claimed, but was awarded a larger support Award than the Plaintiff was willing to pay; (3) both parties took steps or failed to take steps that lengthened or delayed the Action; and (4) neither party “beat” their formal offers to settle.

In the result, the Court found that the Defendant was entitled to costs, and ordered the Plaintiff to pay half of the Defendant’s Schedule C costs for steps taken up to and including the first half day of trial, in recognition of the narrowing of issues that occurred due to the parties’ partial settlement. The Court ordered the Plaintiff to pay all of the Defendant’s Schedule C costs from the second half day of trial to the end of trial. The Court declined to order enhanced costs.

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