Following a six-day family law trial concerning custody, residence of children, and support issues, the successful party sought costs of the trial and a post‑trial motion.
The court considered Rule 24 of the Family Law Rules, including whether the unsuccessful party engaged in unreasonable conduct and the impact of the parties’ settlement offers.
The court found the unsuccessful party had engaged in unreasonable conduct that significantly contributed to the litigation and deterioration of the parties’ relationship.
Although neither party’s settlement offers met the strict requirements for mandatory full indemnity costs, the successful party’s offer was closer to the trial outcome.
The court also considered but largely discounted the unsuccessful party’s financial hardship given the successful party’s responsibility for the children’s care.
