After a family law trial in which the respondent’s motion to change parenting arrangements was dismissed, the parties were unable to agree on costs.
The successful party sought full recovery costs of over $84,000 based on Rule 18 offers to settle under the Family Law Rules.
The court held that the applicant’s final offer satisfied the requirements of Rule 18(14), entitling her to costs to the date of the offer and full recovery thereafter unless the court ordered otherwise.
Considering the factors under Rule 24(11), including success, reasonableness of behaviour, offers to settle, and proportionality of time spent, the court reduced the amount sought as excessive.
The court fixed fair and reasonable costs at $58,000 inclusive of HST and disbursements.
