Following a settlement conference in a family law proceeding where the parties reached final Minutes of Settlement, the court determined costs relating to the conference.
The applicant sought full indemnity costs due to the respondent’s conduct, alleging rudeness, lack of preparation, and failure to participate constructively in settlement discussions.
The court reviewed the principles governing costs under the Courts of Justice Act and Family Law Rules, including the presumption that a successful party is entitled to costs and the factors relevant to fixing the amount.
While the respondent’s behaviour was criticized, the court noted that the matter ultimately settled and declined to award full indemnity costs.
The respondent was ordered to pay $1,500 in costs for the settlement conference.