Ontario Civil


Civil Practice and Procedure

Costs

Costs of appeals

Costs reserved to application judge after matter sent back for redetermination

Husband applied to terminate spousal support and life insurance obligations on basis that he was planning to retire and sought to reduce obligations leading up to retirement date. Application judge found that husband’s retirement and consequent reduction in income was material change in circumstances, that parties’ assets and income would be about equal after husband’s retirement and terminated husband’s spousal support and insurance obligations effective on anticipated retirement date. Wife appealed and order was made directing amount of spousal support and insurance benefits to be sent back for redetermination. Issue arose as to costs. Wife was awarded costs in amount of $13,000 for appeal. Wife largely prevailed on main issue, namely whether spousal support and insurance benefits should be terminated or reduced. That appropriate reduction to support and insurance obligations remained open for determination by another application judge constituted unusual circumstance supporting departure from general principle that successful party on appeal be granted costs. As result, costs of application were reserved to application judge.

Schulstad v. Schulstad (2017), 2017 CarswellOnt 4797, 2017 ONCA 246, K.M. Weiler J.A., Paul Rouleau J.A., and L.B. Roberts J.A. (Ont. C.A.); additional reasons (2017), 2017 CarswellOnt 1170, 2017 ONCA 95, K.M. Weiler J.A., Paul Rouleau J.A., and L.B. Roberts J.A. (Ont. C.A.).

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