The Applicant sought full indemnity costs for various attendances concerning child custody and access, alleging the Respondent's abusive behaviour and unreasonableness.
The Respondent opposed, seeking costs for one attendance and no costs for others, arguing the Applicant's true motivation was to marginalize him.
The court, having reserved on costs until the Office of the Children's Lawyer (OCL) report was received, made a global costs award.
The court found both parties contributed to the escalation of costs due to their conduct, with the Applicant's aggressive approach and overstatements, and the Respondent's denial and resistance.
The OCL report validated concerns but did not use the term "abusive." Considering the importance and complexity of the issues, the reasonableness of conduct, lawyer's rates, and the overall outcome (Respondent eventually accepting OCL recommendations), the court fixed a global costs award of $24,000, inclusive of disbursements and taxes, payable by the Respondent to the Applicant, which was significantly less than the Applicant's requested $62,000.
