Danielle Dekeyser

Following a six-day family law trial regarding parenting time and decision-making responsibility, the successful respondent sought costs of $129,037.52.

The applicant argued no costs should be awarded due to his inability to pay and the respondent's conduct.

The court found the respondent was entitled to enhanced costs as her offer to settle the main issue of parenting was as favourable as the trial outcome, though her support offer was not.

Considering the parties' modest financial means, the court reduced the costs claimed, including deducting fees for second counsel and conferences, and ordered the applicant to pay $60,000 in costs over 24 months.

The applicant father and respondent mother disputed parenting time, decision-making responsibility, and child support for their three young children.

The mother had a history of severe alcohol addiction, which led to a car accident with the children in 2017 and a subsequent relapse in 2019.

However, she had maintained sobriety for 18 months prior to trial.

The father sought sole decision-making and limited parenting time, while the mother sought joint decision-making and equal parenting time.

The court found that the mother had successfully managed her addiction and that it was in the children's best interests to have equal parenting time and joint decision-making responsibility.

A transition period was ordered to gradually increase the mother's parenting time.

Ongoing child support was terminated upon the commencement of equal parenting time due to the father's disproportionately higher housing costs.