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The court declined to award costs against an applicant who withdrew her child support claim in good faith after paternity tests excluded the respondent.
The respondent sought $4,000 in costs after the applicant withdrew her application for custody and child support following a paternity test that excluded the respondent.
The court, applying Family Law Rules subrule 12(3) and the principle of proportionality and reasonableness, declined to award costs.
The judge found no evidence of bad faith on the applicant's part in commencing the application and placed significant weight on the respondent's unsubstantiated allegations of deception made for the first time in his costs submissions.
The successful applicant was awarded $4,000 in costs after the respondent failed to provide financial disclosure.
This is a costs decision arising from a motion for temporary child and spousal support.
The applicant (mother) sought temporary support for their one-year-old daughter and herself from the respondent (father).
The parties agreed on the amounts of child and spousal support but disagreed on the start date.
The court ordered support to commence on June 1, 2015, and permitted the father to repay arrears at $125 per month.
The applicant was successful on the motion and sought costs of $6,000, while the respondent sought no costs award.
The court awarded costs to the successful applicant.
