The applicant withdrew his family law application against the respondent's family members (the Gandhis) prior to trial.
The Gandhis and the respondent moved for costs of the withdrawn proceeding under Rule 12(3) of the Family Law Rules.
The applicant argued that only the trial judge had jurisdiction to award costs.
The court held that a motion judge has jurisdiction to award costs when an application is withdrawn against co-parties.
Finding that the applicant had a bona fide claim but acted unreasonably by persisting with it long after receiving disclosure, the court awarded costs to the Gandhis and the respondent.
