The court addressed costs for two resolved motions in a high-conflict family law file, neither of which the presiding judge had adjudicated.
The respondent father had initiated both motions concerning the parties' three children, one for travel and one for exchanges, both resolved by settlement.
The court emphasized the cautious approach required for awarding costs in settled matters, particularly when there has been no adjudication on the merits, making it difficult to apply Rule 24 factors due to insufficient evidentiary foundation regarding the litigation process and success.
Despite the general reluctance to go behind negotiated settlements, the court found an exception for specific issues raised by the respondent father concerning the mother's partner's interference, video/audio recordings, and unsupervised children.
The respondent was successful in obtaining an order addressing these issues.
Consequently, the applicant was ordered to pay the respondent $1,500.00 in costs for these specific issues, and all other costs claims were dismissed.
