The court determined the appropriate costs following an earlier endorsement where the father effectively abandoned a motion to vary in family proceedings.
The mother sought recovery of substantial legal expenses incurred responding to the abandoned motion and in bringing her own motion.
Applying the general principles of costs under s. 131 of the Courts of Justice Act, Rule 57 of the Rules of Civil Procedure, and Rule 24 of the Family Law Rules, the court emphasized that costs typically follow the event and may serve to indemnify successful litigants and discourage inappropriate litigation conduct.
The court found the mother was entitled to costs arising from the abandoned motion and was also more successful on her own motion.
Costs were fixed at $7,500 for the abandoned motion and $3,000 for the mother’s motion.
