Marty Klein

Following a motion in a family law proceeding where the respondent successfully obtained an order referring the matter to mediation/arbitration and appointing a parenting coordinator, the court addressed the issue of costs.

The successful party sought $2,500 on a partial indemnity basis, but the notice of motion had requested only $1,500.

The court held that a costs award should not exceed the amount requested in the notice of motion.

Given that a pending arbitration would determine whether the successful party was in arrears, the court ordered costs of $1,500 payable only upon the arbitrator’s award or other resolution of the matter.

The responding spouse brought a motion seeking a stay of court proceedings and an order requiring the parties to resolve outstanding parenting and child support issues through mediation and arbitration pursuant to their separation agreement.

The other spouse did not oppose the stay but sought costs for court proceedings she argued were unnecessary.

The court confirmed that the agreement required the dispute to proceed through mediation and arbitration and stayed the court proceedings accordingly.

The court declined to order additional costs, noting inaccuracies in the bill of costs, overlapping prior costs orders, and unreasonable conduct by the responding spouse in conditionally resisting arbitration despite the contractual dispute resolution clause.

Issues of further costs were left to the arbitrator.

The appellant failed to appear for the hearing of his appeal at the scheduled time.

The Court of Appeal for Ontario dismissed the appeal as abandoned and awarded costs to the respondent in the fixed amount of $3,500.