Following a six-day trial regarding custody and school choice, the successful applicant mother sought full indemnity costs of $54,001.06.
The court found that the applicant's offers to settle did not trigger full recovery costs under Rule 18(14) because they included predetermined costs penalties.
The court also found that while the self-represented respondent's behaviour was unreasonable, it did not meet the high threshold for bad faith under Rule 24(8).
Balancing success, unreasonable behaviour, and proportionality, the court ordered the respondent to pay costs fixed at $32,000.
