Following a 19-day trial where the maternal grandmother was granted custody of her grandson, she sought costs against the respondent father and mother.
The court, applying Rule 24 of the Family Law Rules, found the maternal grandmother to be substantially successful, particularly on the primary issue of custody.
Despite offers to settle not being more favourable than the final order, and considering the importance and complexity of the case, the court awarded the maternal grandmother $85,000 in costs against the father, inclusive of disbursements and taxes, taking into account his ability to pay.
No costs were awarded for or against the mother.
