J.L. Rouse

Following repeated adjournment requests by the applicant in a family trial and the eventual adjournment after medical evidence indicated the applicant was unfit to attend, the respondent sought costs thrown away.

The court reviewed the principles governing costs thrown away under s.131 of the Courts of Justice Act and Rule 24 of the Family Law Rules.

Even absent fault, a party responsible for an adjournment may be required to compensate the opposing party for wasted trial preparation.

The court found the applicant responsible for the adjournment and awarded the respondent full indemnity costs thrown away for wasted preparation and court attendances, together with partial indemnity costs of the costs motion.

Following a motion and counter-motion where the applicant was largely successful in obtaining support and dismissing a contempt motion, both parties sought costs.

The respondent sought full recovery costs alleging bad faith by the applicant for breaching a court order.

The court found no bad faith or malice, noting both parties exhibited some unreasonable conduct.

As the largely successful party, the applicant was awarded costs on a partial recovery basis fixed at $6,000, as no formal offers to settle were made.