This decision addresses the quantum of costs awarded to the father, O’Neil Orlando Nelson, following his largely successful motion to change a previous order.
The court reviewed the principles of costs, emphasizing their modern purposes beyond mere indemnification, including encouraging settlement, sanctioning inappropriate behaviour, and ensuring cases are dealt with justly.
The mother, Camelia Dacianne Davidson, failed to comply with court orders for parenting time and did not make any offers to settle, while the father made repeated offers that mirrored the trial outcome.
The court found the father's position reasonable and his lawyer's time and rates appropriate.
