This was a family law costs decision following a parenting trial in which the applicant was largely successful.
The court considered costs consequences flowing from a rule compliant offer to settle under Rule 18, the treatment of trial management conference time under Rule 24(10), and whether the respondent's litigation conduct justified full indemnity costs under Rule 24(8).
The court held the applicant was wholly successful on the central issues, allowed one-half of the trial management conference time, and found the final order was as favourable as the offer to settle.
Although the court declined to make an explicit bad faith finding, it held the respondent had disregarded mounting indications undermining his position and fixed costs at $45,000 inclusive of HST, plus costs of the costs submissions.
