Liam Cardill

The parties sought costs on a partial indemnity basis following a motion regarding the choice of school for their children.

The respondent had succeeded in having the children attend private school and obtained her alternative relief that she alone be responsible for the fees.

The applicant claimed divided success because the respondent did not obtain an order for proportionate sharing of the fees.

The court rejected the applicant's argument, finding the respondent was the successful party on both issues.

The court awarded the respondent her claimed costs of $3,407.49.

Following the dismissal of the applicant's property claim, the respondent parties sought costs on a substantial indemnity basis.

The court reviewed the factors under Rule 57.01, noting the applicant's conduct unnecessarily prolonged the proceedings and complicated a simple contractual dispute.

However, the court declined to award substantial indemnity costs, finding the settlement offers did not trigger Rule 49.10 consequences.

The court reduced the requested amounts due to duplication of effort, excessive use of senior counsel, and unreasonable refusal of a settlement offer by one respondent, awarding total costs of $47,500 across the three respondents.