Rule Details
KOLLIAS v KOLLIAS
Rules Discussed
- Rule 10.29 General rule for payment of litigation costs
- Rule 10.31 Court-ordered costs award
- Rule 10.33 Court considerations in making costs award
Case Summary
This was a Streamlined Trial decision in a divorce matter. The issues before the Court included the date of separation and division of family property. The Trial Judge, Justice Kubik, held that the husband was lacking in credibility. The wife was the successful party at Trial.
In making a Costs determination, Kubik J. considered Rules 10.29, 10.31, and 10.33. The Court focused on proportionality and on striking a balance between indemnity of the successful party and access to the Courts. The wife provided the Court with a Bill of Costs for $8,750 based on Schedule C of the Rules. She asked the Court for a total Costs Award of $15,000 to reflect enhanced Costs. Justice Kubik, having regard to all the factors in Rule 10.33 awarded the wife Costs in the amount of $13,500.