This is a costs decision following the dismissal of a motion to change a custody and access order.
The mother sought full recovery of costs ($14,046.58) after successfully defending against the father's motion to change, which sought access to three children and termination of a restraining order.
The father's motion was dismissed on the basis that he had not established a material change in circumstances.
The court awarded costs to the mother as the successful party, but reduced the amount to $7,200 (inclusive of fees, disbursements, and HST) after considering the factors under the Family Law Rules, the father's limited financial circumstances, and the principle that costs awards must be proportional to the amount in issue and the outcome.
