This endorsement addresses a request for costs following the consensual withdrawal of a Motion to Change filed by the applicant and a Response to Motion to Change filed by the respondent.
The respondent sought substantial indemnity costs, alleging unreasonable and bad faith behaviour by the applicant.
The court denied the respondent's request, ordering each party to bear their own costs.
The court found that both parties were quick to litigate rather than adhere to their separation agreement's dispute resolution mechanism.
Furthermore, the respondent's costs claim was inflated by time spent on incorrectly pleaded claims for custody, access, and life insurance, which were beyond the court's jurisdiction or improperly sought.
