The court determined costs following a six-day family law trial.
The respondent father was found to be the successful party on most issues, particularly child-related matters and property equalization, despite the applicant mother's partial success on a date of marriage deduction.
The respondent sought full recovery costs based on an offer to settle, but the court found the offer did not meet the strict requirements of Rule 18(14) of the Family Law Rules.
The court also declined to find the applicant acted in bad faith under Rule 24(8), though her conduct was deemed egregious.
Considering the respondent's overall success, the applicant's unreasonable behaviour during litigation (denying access, disobeying court orders, seeking unavailable relief), the reasonableness of counsel's time and rates, and the applicant's superior financial position, the court ordered the applicant to pay the respondent $95,000 in costs.
