Brigetta Tseitlin

The applicant sought costs following a 12-day family law trial where there was divided success.

The applicant claimed costs on a full recovery basis, alleging the respondent acted in bad faith regarding financial disclosure and purported loans.

The court found the respondent's conduct came close to bad faith but was driven by self-interest rather than a devious intent to harm, thus rejecting the claim for full recovery costs.

Considering the divided success, the respondent's poor conduct, and a partially successful offer to settle by the respondent, the court fixed costs payable to the applicant at $20,000.

No costs were awarded for earlier urgent motions.

In this divorce application, the parties sought sole custody of their young child, equalization of net family property, and spousal and child support.

The respondent father argued the applicant mother's mental illness rendered her unfit for sole custody, while the mother raised concerns about parental alienation by the father's family.

The court ordered a shared parenting arrangement with divided decision-making authority, finding the mother's mental health was stable and posed no risk.

For equalization, the court found that $176,000 advanced to the father by his own father were gifts, not loans, resulting in an equalization payment of $114,261.02 to the mother.

Claims for spousal and child support were dismissed after imputing income to both parties.