F.H. Streiman

This decision addresses the costs of a decade-long family law proceeding.

The Respondent, M.M., sought full recovery of costs, alleging the Applicant, K.K., acted in bad faith.

The court found K.K. engaged in egregious bad faith conduct, including concealing financial information, presenting fabricated evidence, manipulating third parties, and repeatedly breaching court orders to inflict emotional, psychological, and financial harm on M.M. and alienate the children.

Consequently, the court awarded M.M. full recovery of trial-related costs and certain pre-trial costs, totaling $211,441, and stayed the enforcement of previous costs orders against M.M. due to K.K.'s oppressive conduct.

The applicant father and respondent mother brought competing motions regarding supervised access, international travel with the children, and an advance on equalization.

Most issues were resolved on consent immediately prior to the hearing, while the court denied the father's request to travel to India and the mother's request for an equalization advance.

Both parties subsequently sought costs.

The court declined to award costs to either party, finding divided success and noting that the late resolution of issues did not justify a costs award.