This decision addresses the costs of a motion to change brought by the father concerning access to the child.
The motion was stayed because the father failed to comply with a prior consent order requiring a proper psychiatric assessment.
The mother, who was the responding party to the motion to change, sought costs on a full recovery basis.
The court awarded the mother $5,000 in costs, finding her offer to settle, which proposed the father withdraw his motion and obtain a proper assessment, was reasonable and closely aligned with the court's eventual decision to stay the motion.
The court emphasized the importance of proportionality, reasonableness, and the role of costs in encouraging settlement and discouraging unreasonable litigation conduct.
