Bolanle Olufunke Akinnusi

This decision addresses the issue of costs following a focused trial on parenting issues involving two children.

The father was the successful party and sought full recovery of costs.

The court applied the amended Family Law Rules (effective January 22, 2025) and considered the reasonableness and proportionality of the parties' conduct, offers to settle, and ability to pay.

The father's non-severable offer to settle did not attract the full costs consequences under subrule 24(12) because it was not as good as or better than the trial result.

The mother was found to have acted unreasonably, including breaching court orders and failing to make an offer to settle, which increased costs.

The court awarded the father costs fixed at $8,000 with a reasonable payment plan.

The applicant sought a declaration that her religious marriage (nikkah) to the respondent was a valid civil marriage under s. 31 of the Marriage Act, R.S.O. 1990, c.

M.3, to enable claims for equalization of net family property.

The court dismissed the motion, finding that the parties deliberately chose not to comply with the civil marriage requirements and were aware they were not legally married, thus failing the "intention to be in compliance with this Act" criterion of s. 31.