Costs endorsement following a three-day family law trial in which the applicant obtained a Final Order on parenting issues.
The applicant sought full indemnity costs of $24,577.27 based on her Offer to Settle and the respondent's unreasonable conduct.
The court found the applicant's Offer to Settle met the requirements of Rule 24(12) FLR, entitling her to full recovery of costs.
However, applying principles of proportionality and reasonableness from Beaver v. Hill and Lawrence v. Lawrence, and considering the respondent's unreasonable behaviour including overholding the child and breaching court orders, the court awarded the applicant 80-85% of her costs, totalling $20,000 all-inclusive payable within 30 days.
