J. Biggar

The successful party sought costs following a family law trial regarding custody, access, and child support, where she was entirely successful.

The unsuccessful party's financial claims had been struck prior to trial due to his failure to comply with disclosure orders.

The successful party had made an offer to settle that was less favourable to her than the trial outcome.

The court considered the unsuccessful party's unreasonable behaviour, including his failure to follow multiple court orders and provide financial disclosure.

The court awarded the successful party costs fixed at $30,864, on a partial indemnity basis up to the date of the offer and on a substantial indemnity basis thereafter.

Following a family trial in which the applicant's property claims were struck and the respondent proceeded uncontested on financial issues, the court resolved custody, access, and child support disputes arising from the breakdown of a common-law relationship involving two children.

Applying the best interests analysis under s. 24 of the Children's Law Reform Act, the court found the respondent to be the primary and more reliable caregiver, rejected joint custody, and granted her sole custody with specified access to the applicant.

On support, the court imputed income to the self-employed applicant under s. 19(1)(f) of the Ontario Child Support Guidelines because of repeated disclosure failures and evidence of unreported cash income.

Retroactive and ongoing table child support, contribution to s. 7 expenses, and life and health insurance-related terms were ordered.