Justice Carole Curtis

This is a costs decision following a three-day trial in a motion to change a custody and access order.

The mother sought to relocate with the five-year-old child to Mongolia.

The mother was successful at trial and claimed costs on a full recovery basis of $54,575.20.

The father opposed the costs claim, arguing either no costs should be awarded or costs should be fixed at an amount within reach of either party.

The court awarded costs to the mother, finding she was the successful party and that the father's conduct, particularly his unreasonable claim for joint custody and related child support reduction claims, warranted a costs award.

The court fixed costs at $25,000 all-in (fees plus HST and disbursements plus HST), enforceable as support.

This is a costs decision in a family law matter involving a mother's claims for child support and a father's claim for spousal support, as well as a motion to strike the father's answer and for final unopposed orders.

The mother was successful on all motions.

The court awarded costs on a substantial recovery basis, finding the father's conduct throughout the litigation was unreasonable, including his refusal to leave the matrimonial home, his failure to comply with court orders and disclosure requirements, his unreasonable positions on support, and his failure to pay previous costs orders.

The court rejected the father's argument that his inability to pay should shield him from liability for costs, particularly given his unreasonable conduct.