J. Audet

Following a motion regarding parenting and support issues where the applicant father was largely successful on the primary parenting issues, he sought full indemnity costs of $51,217.01.

The respondent mother sought partial indemnity costs of $15,242.14, arguing mixed success.

The court found the father was the more successful party but reduced his costs to reflect the mother's success on support issues and the excessive materials filed by both parties.

The court awarded the father $12,000 in costs inclusive of disbursements and HST.

The father brought a motion for disclosure of the mother's and child's cell phone records and devices, alleging the mother was texting the child to sabotage his parenting time.

The court found the request was properly framed under Rule 20(5) of the Family Law Rules.

The court partially granted the motion, ordering limited disclosure of the mother's text messages and Telus records for specific dates, but refused to order production of the child's devices to protect her privacy.