Following the dismissal of a family law motion seeking certificates of pending litigation over properties and the addition of the respondent’s parents as parties, the court determined the appropriate costs awards.
The court found the motion against the parents to have been recklessly pursued because the issues had already been litigated and no material change justified revisiting them.
Substantial costs were awarded to the parents due to their complete success and the unreasonable conduct of the moving party.
The respondent spouse, who largely took no position on the motion, received a reduced costs award reflecting limited participation and proportionality principles.