Following cross-motions concerning parenting time, access logistics, travel permissions, child support, and procedural matters relating to a child of the relationship, both parties sought costs.
The court reviewed the governing principles under s.131 of the Courts of Justice Act and Rule 24 of the Family Law Rules.
Success on the substantive motion issues was divided, with each party prevailing on some major issues and neither party achieving clear overall success.
The court also found that both parties acted unreasonably in certain respects and neither served an Offer to Settle.
In the circumstances, and considering the nature of custody and access litigation, the court exercised its discretion to decline awarding costs to either party.
