Jayarajani Nadarajah

The applicant, having been successful on a motion regarding the children's school enrolment, sought costs on a full indemnity basis of $15,663.04, relying on an offer to settle.

The respondent argued the amount was disproportionate and suggested $910 on a partial indemnity basis.

The court found the offer to settle did not attract elevated costs as it mirrored the relief sought without compromise.

Applying principles of proportionality and reasonableness, the court awarded the applicant costs on a partial indemnity basis fixed at $6,785.

The parties, who share joint decision-making responsibility, disagreed on where their two children should attend school after the respondent moved to a new municipality.

The applicant brought a motion to have the children enrolled in a school within his catchment area, supported by the recommendation of an Office of the Children's Lawyer clinician.

The court applied the principles for choice of school disputes and found that enrolling the children in the applicant's catchment area was in their best interests, as it would minimize disruption to their existing community supports and better accommodate their special needs.