Following a successful motion to change a temporary custody order, the applicant sought her costs on a full recovery basis, arguing the respondents acted in bad faith.
The court found the respondents' conduct was unreasonable but did not rise to the level of bad faith, awarding costs on a partial indemnity scale.
The court also held that the applicant's lawyer's hourly rate was not limited to the Legal Aid rate, and adjusted the maximum partial indemnity rate for inflation.
The respondents were ordered to pay costs of $23,196.58.
