A ruling on costs following a motion to vary parental access.
The applicant mother sought to relocate from Ontario to Alberta with the parties' two children to join her new partner who had secured employment.
The father opposed the relocation to preserve his existing access regime.
The court allowed the mother's motion to vary access to accommodate the relocation.
Subsequently, the parties negotiated a new access arrangement and child support adjustment.
The mother sought costs on a full indemnity basis, relying on her success on the dominant mobility issue and a formal offer to settle.
The father opposed costs or sought only partial indemnity recovery, arguing the case did not lend itself to settlement given the binary nature of the mobility issue.
The court awarded costs to the mother on a partial indemnity basis at a reduced amount, recognizing both parties' reasonable conduct and the collaborative resolution of collateral issues post-judgment.