In this family costs endorsement following a successful appeal in a grandparent access dispute, the court held that the respondent grandmother's failure to disclose an existing final parenting order in the Ontario Court of Justice was patently unreasonable conduct under the Family Law Rules.
Although the successful appellant was presumptively entitled to costs, the court rejected submission that automatic offer-to-settle consequences under r. 18(14) applied because the offers sought relief outside the scope of the appeal.
Applying rr. 24(1), 24(4), 24(5), 24(10), and 24(11), the court found the bill of costs excessive, excluded time unrelated to the appeal, and fixed reasonable appeal costs at $7,500 inclusive.
The court then reduced that amount by $1,500 because the successful appellant had also acted unreasonably by failing to attend in the lower court, and ordered payment of $6,000 inclusive.