John J. Cvetkovic

This is a costs endorsement following a nine-day trial concerning a maternal grandmother's access to her grandson, which was opposed by the father.

The grandmother was partially successful in obtaining access, though less than she sought.

The court awarded the grandmother $10,000 in costs, inclusive of HST and disbursements, payable by the father.

Key considerations included the grandmother's partial success, her unreasonable failure to make an offer to settle, and the father's financial circumstances, though the latter did not lead to a reduction in costs due to insufficient evidence.

The court also affirmed that a party's legal aid status is not a factor in determining costs.

Costs were determined following a civil trial where the plaintiff succeeded against one defendant but failed against another.

The court addressed entitlement to costs as between the plaintiff and each defendant, including the impact of Rule 49 offers to settle.

The successful institutional defendant was awarded costs against the plaintiff on a partial indemnity basis before its offer and substantial indemnity thereafter.

The plaintiff was also awarded costs against the unsuccessful co-defendant, reduced to reflect time spent pursuing the unsuccessful claim against the bank.

The court declined to make either a Sanderson or Bullock order requiring the unsuccessful defendant to bear the successful defendant’s costs, finding such an order would be unfair and risk non-payment.