The respondent mother, who was substantially successful on all issues in a three-day custody and access trial, sought costs on a full recovery basis totaling $36,103.
The applicant father argued that costs should be limited to $10,000-$12,000 based on his financial constraints and the importance of custody matters.
The court awarded costs of $31,674, finding that the mother was entitled to full recovery costs under Rule 18(14) of the Family Law Rules.
The court disallowed the paralegal fees entirely due to lack of detail in the bill of costs, excessive hourly rates, and the nature of work performed.
The court emphasized that the costs rules are designed to discourage family law litigation and that parties cannot escape costs consequences by arguing the importance of custody cases or their honest beliefs about the child's best interests.