December 8, 2017

Judge sanctions husband’s misbehaviour with $1.4-million costs award

Judge sanctions husband’s misbehaviour with $1.4-million costs award

Written by: Jennifer Shuber

A $1.4-million costs award shows the danger of engaging in bad behaviour during litigation, Toronto family lawyer Jennifer Samara Shuber tells

In a recent endorsement on costs, Ontario Superior Court Justice Leonard Riccetti awarded a woman full indemnity costs to cover the expense of her entire seven-year fight with her former husband over spousal support and equalization.

Following the couple’s separation in November 2010, the woman made two offers to settle the litigation, both of which were exceeded at trial, where she was granted judgment for just under $10 million.

But the judge found she was entitled to full recovery for the entire proceeding, even before the offers, because the husband’s actions “unnecessarily extended and complicated these legal proceedings.”

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