A motion to change a final custody and access order resulted in settlement on November 10, 2018, with the only remaining issue being costs.
The respondent father sought costs of $34,349.89 on a full recovery basis or $26,116.57 on a partial recovery basis.
The applicant mother sought no costs or nil costs.
The court declined to award costs to either party, finding that the settlement was not a clear capitulation by either party, both parties behaved unreasonably in not serving offers to settle, and the mother's financial circumstances and impact on the child's welfare were relevant considerations.
