Robert Dinnen

Following the dismissal of the respondent's appeal of a trial decision, the applicant sought costs on a full indemnity basis.

The respondent opposed full indemnity costs, citing limited financial means.

The court considered the factors under Rule 24 of the Family Law Rules and the principles of proportionality and reasonableness.

The court awarded the applicant partial indemnity costs in the amount of $11,000, inclusive of fees, disbursements, and HST.

On a family law appeal from an order varying custody, access, and support, the appellant mother challenged the trial judge’s reliance on evidence, findings of material change, treatment of a mediation clause, rejection of shared custody, and support determinations.

The court held that the mediation provision was not an absolute bar, could be waived, and in any event could be overridden in the child’s best interests.

It upheld the finding of multiple material changes in circumstances, including the child’s maturity, the parties’ ineffective communication, non-compliance with the earlier regime, and school absenteeism.

The court further found no reversible error in the treatment of the OCL report, the child’s views and preferences, the custody analysis, or the support order under the Child Support Guidelines.

The appeal was dismissed.