Following a motion to strike pleadings for failure to pay spousal and child support arrears, the court determined costs of the motion.
The applicant argued entitlement to full indemnity costs based on an offer to settle and alleged bad faith conduct by the respondent.
The court held that the offer to settle did not trigger mandatory full indemnity costs under Rule 18(14) of the Family Law Rules because the result was not as favourable as the offer.
However, the court found the respondent acted in bad faith by deliberately breaching court orders, refusing to pay support despite having the means to do so, and advancing previously decided arguments.
Pursuant to Rule 24(8), the respondent was ordered to pay full indemnity costs of the motion, reduced slightly to reflect unnecessary duplication of counsel attendance.