Following a family law motion to change, the successful responding party sought costs on a full recovery basis.
The court applied Rule 24 of the Family Court Rules and the discretionary costs power under the Courts of Justice Act.
While the successful party was presumptively entitled to costs, the court adjusted the claim to exclude fees associated with a case conference where costs had not been reserved and to remove duplication arising from a change of counsel.
Considering the reasonableness of the parties’ conduct, offers to settle, and proportionality, the court fixed partial indemnity costs.
Costs were awarded in a reduced amount reflecting fairness and the circumstances of the litigation.
