A. Schild

The applicant father brought a 14B motion to re-open a costs decision, arguing his former counsel failed to include certain settlement offers.

The court dismissed the motion, finding the omitted offers would not have altered the costs determination.

Noting the father's child support arrears and the excessive litigation history, the court awarded full indemnity costs to the respondent mother and ordered that the father may not seek further relief until he complies with all support and costs orders.

The mother brought a motion to change a shared parenting order to sole custody and primary residence, which was ultimately resolved on consent after significant litigation.

The mother sought full recovery costs of $105,842.66, arguing the father's unreasonable behaviour drove up costs.

The father argued each party should bear their own costs as the matter settled on consent.

The court found the mother was the successful party and the father's entrenched position was unreasonable, but held the mother's claimed costs were disproportionate.

The court awarded the mother costs of $35,000.