What is the test for apportioning costs in a family law case?
Ontario, Canada
The following excerpt is from G.H.F. v. M.D.E., 2019 ONCJ 920 (CanLII):
[30] The next issue is to consider if there was divided success. Rule 24 (6) states that if success in the case is divided, the court may apportion costs as appropriate. Divided success does not equate with equal success. It requires a comparative analysis. Most family cases have multiple issues. They are not equally important, time-consuming or expensive to determine. Jackson v. Mayerle, 2016 ONSC 1556, paragraph 66.
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