This endorsement addresses a request for costs following two motions heard together.
The respondent, who was deemed the overall successful party on the motions (one motion dismissed for the applicant, one granted for the respondent), sought substantial indemnity costs.
However, the court exercised its broad discretion, considering the applicant's partial success on an earlier related motion and, significantly, the respondent's improper conduct (parental alienation) which motivated the applicant's motion.
The court found that the respondent's conduct should not be rewarded with costs and that her own motion for an accounting was not strictly necessary.
Consequently, the court ordered that both parties bear their own costs.