The court issued a costs endorsement following a successful motion by the applicant mother to strike the respondent father's pleadings for failure to provide financial disclosure in a child support matter.
The court awarded the mother $9,000 in costs, inclusive of fees, disbursements, and HST, payable monthly, and declared the award enforceable by the Family Responsibility Office as a support order.
While the mother was successful, the court found her counsel's time claimed somewhat excessive and noted her failure to serve a formal Rule 18 Offer to Settle, which precluded full cost recovery.
The father's unreasonable conduct and willful refusal to provide disclosure were significant factors in the award.
