Mr. Musselman

The applicant sought costs following a family law trial where the respondent's pleadings had been struck.

The court awarded the applicant full recovery costs for the trial, totaling $108,781.39, citing her reasonable offers to settle and the respondent's unreasonable conduct throughout the litigation.

The court also awarded the applicant $5,500 in partial recovery costs for an adjourned Divisional Court motion.

The trial costs were ordered to be enforceable as support due to child support being a principal issue in the proceedings.

The appellant appealed a trial judge's decision granting primary care of a child to the respondent, arguing the trial judge erred by failing to give primacy to the principle that siblings should not be separated except in extreme and compelling circumstances.

The Divisional Court dismissed the appeal, finding no error of law or principle.

The trial judge had properly considered the relevant provisions of the Children's Law Reform Act, expressly addressed the case law on separating siblings, and balanced all factors to determine the child's best interests.