L.H. Pawlitza

This was a costs ruling arising from a family law motion to change concerning parenting time, school choice, and decision-making for a young child.

Although the substantive dispute settled on consent shortly before trial, the court found the final resolution substantially favoured the applicant's litigation positions and that the respondent had taken unreasonable positions and unreasonably declined settlement offers.

Applying rr. 18 and 24 of the Family Law Rules, the court balanced success, proportionality, settlement incentives, litigation conduct, and the respondent's limited financial means.

Partial indemnity costs of $50,000 inclusive of HST were awarded, payable in monthly instalments of $250.

Following a motion for interim disbursements and other relief, the court ruled on outstanding disclosure and costs.

The respondent was ordered to produce various financial documents, including tax returns from 2010 to 2014, to assist in determining income for support purposes.

The applicant sought over $90,000 in costs for the motion.

Finding mixed success but noting the applicant was more successful on the primary issue of interim disbursements, the court awarded the applicant costs fixed at $15,000.