Jessica Margeit Pineda

This is a costs endorsement following the Applicant's successful motion to enforce a 2011 final order.

The Applicant sought costs on various bases, but the court found that her offer to settle lacked a meaningful element of compromise, thus not triggering enhanced costs recovery.

The court also noted that motions brought without notice generally do not expose the opposing party to costs liability.

While the Applicant's hourly rates were reasonable, the time spent was considered high for a short motion.

The court reiterated that partial recovery is the norm and impecuniosity is not a reason to deny costs.

Ultimately, the Applicant was awarded $3,000.00 in costs, inclusive of fees, disbursements, and taxes.

The Applicant brought an urgent motion for the return of T.G.M.C., an adult child with significant developmental challenges, to her primary care.

The Respondent had retained T.G.M.C. in his care, defying an existing sole custody order, arguing that the order was unenforceable as T.G.M.C. had turned 18 and that her return to in-class learning was not in her best interests due to health concerns.

The court found it had inherent jurisdiction over vulnerable adults and ordered the immediate return of T.G.M.C. to the Applicant's care, affirming the existing custody order's continued force.