The applicant father sought costs on a full indemnity basis following a successful interim motion for custody and access, claiming the respondent mother acted unreasonably.
The respondent argued she acted in the child's best interests and that the claimed costs were excessive.
The court found no reason to deviate from the presumption that the successful party is entitled to costs, but rejected the claim for full indemnity costs, finding the respondent's conduct did not warrant it.
The court determined the motion was straightforward and fixed costs at $2,500 plus HST.
