Following the striking of the respondent father's parenting time claim due to repeated failure to complete a court-ordered supervised access intake process, the court addressed costs.
The mother, represented through Legal Aid Ontario, sought costs of $6,321 payable directly to Legal Aid Ontario.
The father proposed $300.
The court found the father acted unreasonably by abandoning his claim and failing to comply with multiple court orders, though the bad faith threshold was not met.
Applying the factors under subrule 24(14) of the Family Law Rules and accounting for the father's limited means through a payment schedule, the court awarded costs of $3,955 inclusive of fees, disbursements, and HST, payable at $100 per month.
The court declined to make costs payable directly to Legal Aid Ontario, holding that costs are payable to the successful party and the court should not involve itself in the retainer arrangement between a litigant and legal aid.
