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Husband awarded $20,000 in costs after wife took extreme and unyielding positions on settled motion.
The husband sought costs of a motion and cross-motion that settled shortly after a case conference.
The wife had taken extreme and unyielding positions, including demanding supervised access and triple the voluntary financial support, which prompted a costly response from the husband.
The court found that the wife needed to understand the financial consequences of taking such positions to the courtroom steps.
The husband was awarded $20,000 in partial indemnity costs, payable in instalments.
Full recovery costs awarded after bad faith conduct in urgent family motion.
Following a family law motion concerning preservation of equalization and support claims due to the applicant husband's serious illness, the court determined costs arising from several urgent motion attendances.
The respondent wife had obtained all substantive relief sought, including orders preserving assets and securing child and spousal support claims.
The court found the applicant's conduct amounted to bad faith, including concealing his medical condition and taking steps to place assets beyond the respondent’s reach.
Applying Rule 24 of the Family Law Rules and the discretionary authority under the Courts of Justice Act, the court held that full recovery costs were justified.
After adjustments for reasonableness, the court fixed total costs payable immediately to the respondent.
