Following a settlement conference in a family law proceeding concerning custody and relocation of three children, the court was required to determine costs for that step in the litigation.
The parties ultimately resolved the substantive issues through Minutes of Settlement permitting the children to relocate to the father's care in British Columbia, including arrangements for ongoing medical treatment for one child.
The court found that the mother had acted unreasonably by pursuing delay tactics despite recommendations from the children's counsel and medical professionals supporting relocation.
Applying Rule 24 of the Family Law Rules and considering proportionality and reasonableness, the court ordered substantial costs against the mother for the preparation and attendance relating to the settlement conference and motions.
Payment of the costs was deferred until the parties’ property equalization or trial.
