Cindy Martin-Hrycak

Following a multi-day family trial concerning custody of a child, the court had awarded custody to the father.

The father sought partial indemnity costs of approximately $25,000 for the trial.

The court considered the importance of the custody issue, the parties’ financial disparity, the conduct of the litigation, and a technically non‑compliant offer to settle under the Family Law Rules.

While the offer did not strictly comply with Rule 18(14), it could still be considered under Rule 18(16) in determining costs.

The court concluded that the father had been mostly successful and was entitled to recover his trial costs.

The applicant father brought a motion to change a final order to transfer the primary residence of the parties' 10-year-old child to him.

The motion was prompted by the child expressing a strong desire to live with the applicant due to ongoing conflict and turmoil in the respondent mother's home, which included involvement by the Children's Aid Society and police related to the respondent's abusive partner.

The court found a material change in circumstances and applied the best interests of the child factors under section 24 of the Children's Law Reform Act.

Relying on the child's views and preferences, the instability in the respondent's home, and the applicant's stable plan, the court granted the motion and ordered that the child's primary residence be changed to the applicant.