K.C. Wysynski

Following the dismissal of the plaintiff's action after an eight-day trial, the court considered written costs submissions.

The defendant sought enhanced costs due to the plaintiff's conduct, including reducing her claim at trial, frustrating document preparation, failing to respond to undertakings, and rejecting settlement offers.

The court fixed costs on a partial indemnity basis, awarding the defendant $54,108.36, inclusive of legal fees, disbursements, and HST.

The court declined to award enhanced costs, finding the plaintiff's conduct, while impacting costs, did not meet the "reprehensible" threshold required for such an award, as established in *Davies v. Clarington (Municipality)*.

The court emphasized the principle of reasonableness in fixing costs, as per *Boucher v. Public Accountants Council (Ontario)*, and considered the complexity of the legal issues involved.

The plaintiff sued her former employer for constructive dismissal and human rights violations after returning from maternity leave.

The employer required her to start work at 8:30 a.m., whereas she previously had flexibility to arrive later due to childcare.

The court found that the employer had not changed the essential terms of her employment, as she was always expected to be available in the early mornings when required.

The court also dismissed the human rights claim, finding the plaintiff failed to establish family status discrimination and failed to cooperate in the accommodation process by withholding information about her childcare situation.