J. Syrtash

Following an endorsement where both parties were successful on their respective motions regarding child access and travel to Egypt, the parties submitted costs submissions.

The court found that success was divided and ordered that no costs be awarded to either party.

Following the applicant’s success on her motion for interim disbursements and on the respondent’s travel motion, the court determined the appropriate costs award.

The applicant sought full indemnity costs relying on Offers to Settle served shortly before the hearing.

The respondent argued the fees claimed were excessive and should be limited to the legal aid tariff.

The court rejected that argument but accepted that deficiencies in the applicant’s motion record increased the time required for the hearing.

The court fixed costs for the interim disbursement motion at $5,000 inclusive of disbursements and HST, and confirmed $3,770 for the travel motion.