Following an unsuccessful motion for leave to appeal and the abandonment of an urgent access motion, the parties disputed costs.
The father sought costs for both the leave motion and the abandoned emergency access motion on a partial indemnity basis.
The court held that although the leave motion was not unreasonable, the father was required to prepare for and respond to both proceedings and effectively prevailed.
Considering the circumstances and cost consequences of unsuccessful motions in family litigation, the court fixed costs in a reduced lump sum amount inclusive of disbursements and HST.
