Following a four-day trial in which the applicant was granted sole custody of a child, the court determined costs payable by the unsuccessful respondent.
The applicant sought full recovery costs of $29,912.50, while the respondent argued no costs should be awarded, claiming the applicant behaved unreasonably and the costs were excessive and beyond her ability to pay.
The court rejected the respondent's arguments, finding neither party acted in bad faith and both sincerely believed custody was in the child's best interests.
The court awarded partial indemnity costs of $10,000.00, considering the importance of the custody issue, the complexity of the case, and the respondent's modest financial circumstances.
