This costs endorsement followed cross-motions where the respondent successfully obtained summary judgment dismissing the applicant's claim to set aside a final order, while the applicant was permitted to proceed with a motion to change child support.
The court found the respondent to be more successful on the dominant issue of upholding the final order.
Considering the respondent's formal offer to settle, which was more advantageous than the motion's outcome, and the reasonableness of the parties' conduct, the court awarded the respondent costs.
The court also considered the financial circumstances of both parties, noting the applicant's responsibility for unsuccessfully attempting to set aside a consented final order.
Costs were fixed at $9,000, inclusive of disbursements and HST, payable monthly.