Dr. R. Schnayer

The court determined costs following a lengthy custody and access dispute where the applicant mother was found to have emotionally abused the children and engaged in severe parental alienation against the respondent father.

The court found the mother acted in bad faith throughout the proceedings, litigating with impunity to excise the father from the children's lives.

Applying Rule 24(8) of the Family Law Rules, the court awarded the successful father full recovery costs fixed at $400,000.

Following two family law trials concerning custody and access of three children, the court addressed the issue of costs.

The court had previously found the mother in contempt of an access order and concluded that she acted in bad faith by emotionally manipulating the children and undermining their relationship with their father.

The father was successful at both the original trial and the subsequent review.

Applying Rule 24 of the Family Law Rules and considering the mother’s bad faith litigation conduct, the court ordered full recovery costs.

The mother was required to pay a substantial costs award reflecting extensive legal work and professional involvement necessitated by the litigation.