M. Conroy

Following a trial where the applicant mother was successful in obtaining primary residence of the parties' son, she sought costs on a full or partial indemnity basis.

The court reviewed the parties' offers to settle, allegations of bad faith, and the respondent father's ability to pay.

Applying the principles of reasonableness and proportionality under the Family Law Rules, the court ordered the respondent to pay the applicant $28,000 in costs.

The applicant mother brought a motion to change a final order to allow the parties' six-year-old child to reside primarily with her in Barrie, rather than alternating weeks between Barrie and the respondent father's home in Pembroke.

The court found that the child entering full-time school constituted a material change in circumstances.

After weighing the factors under the Divorce Act, including the mother's historical role as primary caregiver, the child's strong bond with his half-brother, and the recommendations of the Office of the Children's Lawyer, the court determined it was in the child's best interests to reside primarily with the mother.

The father was granted liberal parenting time.