Eamon B. Nicholson

Following a prior family law judgment, the court determined the issue of costs between the parties.

Applying Rule 24 of the Family Law Rules and considering the applicant’s Offer to Settle, the court awarded partial indemnity costs up to the date of the offer and full recovery thereafter.

The court reviewed the bill of costs and found some duplication in pre‑trial work, warranting a modest reduction in fees.

Most disbursements were accepted, though expert invoices were assessed using the same partial indemnity and full recovery approach.

The court fixed total costs, including disbursements and HST, at $75,000.

This is a costs decision following a trial of motions to change custody and support.

The mother was successful in obtaining sole custody of the parties' eight-year-old child, securing her preferred access arrangement, and obtaining retroactive child support.

The father's requests for expanded decision-making authority and more extensive access were dismissed.

The court awarded costs to the successful party, considering the factors under the Family Law Rules, including the parties' conduct, the failure to make settlement offers, and the reasonableness of legal fees and time spent.

Both parents brought motions to change a 2006 custody and access order.

The father sought expanded access, decision-making authority over extracurricular activities and Tamil classes, and elimination of the primary residence provision.

The mother sought sole custody, modified access terms, and retroactive child support from August 1, 2008.

The court found material changes in circumstances, including the father's controlling and inappropriate behavior toward the mother and child following the mother's relationship with her boyfriend.

The court awarded sole custody to the mother, modified access to provide the father with alternate weekend access and mid-week visits, and ordered retroactive child support from September 1, 2009, with arrears of $14,221.