Dion McClean

The mother, as the successful party on a long motion regarding parenting issues, sought full recovery costs of $45,308.42.

The father argued no costs should be awarded due to his limited financial resources, or alternatively, costs on a partial indemnity basis.

The court found the father's conduct unreasonable and that he should have accepted the mother's offer to settle.

The court awarded the mother fixed costs of $30,000, payable in installments, noting that impecuniosity does not excuse unreasonable litigation conduct.

The applicant mother brought an urgent motion to address parenting time issues and enforce an alleged parenting schedule, claiming the respondent father was unreasonably withholding access.

The court found the evidence met the urgency requirements set out in the Chief Justice's Notice to the Profession regarding the COVID-19 pandemic.

The motion was granted, and directions were issued to schedule an urgent case conference restricted to dealing with the father's access.

On a family law motion arising from a long-term marriage, the applicant sought interim disbursements, broad disclosure relief, security for equalization and spousal support, passport surrender, insurance protection, and costs in response to persistent financial non-disclosure by a self-employed spouse.

The court refused a further adjournment, accepted the applicant's evidence as unchallenged, and held that interim disbursements were necessary under rule 24(12) to level the playing field and permit valuation of the respondent's business and income.

The court further held that it had jurisdiction under s. 34 of the Family Law Act and rule 1(8) of the Family Law Rules to order security, including surrender of passports, given the respondent's repeated non-compliance, arrears, and evidence supporting a risk that he might leave the jurisdiction and frustrate support and equalization claims.

The motion was substantially successful, resulting in a $25,000 interim disbursement, a $1,000,000 bond, passport deposit, insurance and disclosure orders, and substantial indemnity costs.