Guy Wainwright

Following a trial where the plaintiff's construction contract claims were dismissed and the defendant was awarded damages on its counterclaim, the court determined costs.

The defendant sought substantial indemnity costs based on an unaccepted offer to settle.

The court awarded partial indemnity costs to the defendant, noting the complexity of the issues, the amount at stake, and the defendant's success, but declined to award substantial indemnity costs because the defendant's counterclaim was only partially successful and poorly documented.

On a contempt motion arising from repeated denial of child access, the court considered whether a custodial parent may rely on a 12-year-old child's refusal to attend visits with the access parent.

Applying the contempt test, the court held that an earlier order lacked the clarity required for contempt, but a later order directing a specific drop-off date, time, and location was clear and unequivocal.

The court found beyond a reasonable doubt that the mother deliberately and wilfully failed to comply by leaving the access decision to the child rather than exercising normal parental authority.

A finding of contempt was made, with sanction to be determined later.