Maryse Renaud

Following a motion regarding custody, access, and child support, the respondent father sought costs.

The applicant mother argued that success was divided and no costs should be payable.

The court found that the father was substantially successful on the access and child support issues, while the mother was only successful on the minor issue of shared transportation.

Applying the factors under Rule 24 of the Family Law Rules, the court rejected the mother's argument of divided success and awarded costs to the father on a partial indemnity basis in the amount of $1,405.76.

The Court allowed the appeals and held that the mandatory victim surcharge in section 737 of the Criminal Code violates section 12 of the Charter for impecunious offenders.

The provision was declared of no force and effect immediately.