James R. Turnbull

Following a motion addressing custody, access, and child support issues, the court determined costs between the parties.

The applicant was substantially successful on two major issues, including custody and child support, while the respondent obtained expanded access and succeeded on certain ancillary matters.

The court considered the parties’ litigation conduct, including settlement offers and correspondence regarding child support obligations.

Finding that both parties acted somewhat unreasonably and that the result of the motion was mixed, the court exercised its discretion to award partial costs to the applicant.

Following a successful application declaring the applicant remained president and a member of a union organization, the court addressed costs.

The applicant sought substantial indemnity costs relying on an informal settlement offer and alleged improper conduct by the respondents in attempting to remove him from office.

The court held that the circumstances required for substantial indemnity costs were not present, including the absence of a valid Rule 49 offer or litigation misconduct.

Considering the factors under Rule 57.01 and s.131 of the Courts of Justice Act, the court reduced the applicant’s requested costs due to litigation conduct, including late retention of counsel and a shift in litigation position.