When will a court apportion costs in a mixed issue family matter between maintenance and support matters and custody and property issues?
British Columbia, Canada
The following excerpt is from S.L.M. v. D.R.M., 2003 BCSC 1094 (CanLII):
It is rare for costs in a “mixed issue” family matter to be formally apportioned between maintenance and support matters, on the one hand, and custody and property issues, on the other. Where there is an impending bankruptcy (as was the case in Ffrench v. Ffrench, supra), a formal apportionment may well be sought – otherwise, it is unlikely to occur to anyone to do so. If Re Lees is good law, the result will be that in most mixed issue cases no part of a costs award will survive bankruptcy.
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