G. McLeod

The moving party father brought an unopposed motion to reduce his child support obligations and for security for costs.

The court found that three of the four children had reached the age of majority and the responding party mother failed to provide evidence that they remained unable to withdraw from her charge.

Child support was varied on an interim basis to reflect support for one child.

The court also ordered the mother to post $65,000 in security for costs, finding her underlying motion to change to be a nuisance and a waste of time due to her failure to participate, her advancement of statute-barred claims, and her recalcitrant litigation posture.

Following the applicant mother's successful motion to change permitting her to relocate with the parties' child, the parties made written submissions on costs.

The applicant sought full recovery costs of $19,700 based on her success and offers to settle.

The self-represented respondent argued he acted reasonably in opposing the relocation.

The court awarded the applicant partial indemnity costs of $9,000, finding full recovery was not warranted but that the respondent should have expected to pay costs if unsuccessful.

The applicant sought costs following a successful motion to change regarding child support and arrears.

The court considered the parties' offers to settle, noting the applicant's offer was closer to the final order than the respondent's.

The court found the respondent's conduct unreasonable, as he had failed to disclose income for years and was previously found in contempt.

Applying principles of reasonableness and proportionality, the court awarded the applicant costs of $18,000 inclusive of fees, disbursements, and HST.