J. De Vries

The self-represented applicant mother sought costs of $160,872 after successfully obtaining an order permitting her to move with the child to New York.

The respondent father argued each party should bear their own costs.

The court found the applicant was the successful party, had made a reasonable offer to settle, and had behaved more reasonably than the respondent.

Applying the principles for awarding costs to self-represented litigants, the court set an hourly rate of $100 for the applicant's time and awarded her $22,000 in costs, inclusive of disbursements and HST.

Motion seeking approval of Minutes of Settlement under Rule 7.08(1) of the Rules of Civil Procedure on behalf of a mentally incapable adult and for judgment implementing the settlement terms between her three sons.

The settlement arose from mediation resolving disputes concerning a family trust and a prior transfer of Spanish real property.

A dispute later arose regarding the wording of an acknowledgement required by the settlement, leading one party to withdraw a prior approval motion and threaten to resile from the agreement.

The court found the refusal to accept the original wording and withdrawal of the approval motion unreasonable, concluding it necessitated the moving party’s motion to finalize approval.

The settlement was approved and costs were awarded to the moving party, with part payable personally by the party whose conduct caused the additional proceedings.