This is a costs decision arising from two custody and access motions heard on August 11, 2020.
The father sought recovery of costs on a partial indemnity basis in the amount of $3,957.59, arguing he was mostly successful.
The mother contended that success was divided and therefore no costs should be awarded.
The court found divided success on the issues: the father was successful on the primary issue of parenting time, while the mother was successful on the secondary issue of schooling.
However, the court found the mother's conduct regarding the schooling issue to be unreasonable, as she had agreed to keep the child in his original school but unilaterally removed him and restricted the father's access to information about the child.
The court awarded costs to the father in the amount of $3,000.00 inclusive of fees, disbursements, and HST, payable within 60 days.
