Sally Bleeker

Following a successful motion regarding the children's schooling, child care, and telephone access, the applicant sought costs on a substantial indemnity and full indemnity basis.

The respondent argued that no costs should be awarded or that they should be limited to a partial indemnity basis from the date the amended notice of motion was served.

The court found the applicant was successful and had made an offer to settle that met the requirements of Rule 18(14).

Costs were awarded to the applicant on a substantial indemnity basis from the date the assessor's report was received, fixed at $3,500 plus disbursements and HST.

The applicant mother brought a motion seeking to enroll the parties' two children in a public community school, while the respondent father sought to keep the older child in a private Lebanese Catholic school and enroll the younger child there.

The court considered a court-appointed assessor's recommendation that a neutral community school would ease conflict and allow both parents to be equally involved.

Finding the private school tuition financially unrealistic for the parties and noting the long commute, the court granted the mother's motion and ordered the children to be enrolled in a community school.