Michael G. Emery

Following a family law motion concerning unanswered undertakings and further questioning, the court addressed competing claims for costs.

The respondent husband sought full recovery costs, alleging the applicant’s failure to comply with disclosure timelines and undertakings required by a prior case management order.

The court found the motion was necessary to compel compliance with several undertakings and that the respondent was more successful, but rejected allegations of bad faith sufficient to justify full recovery costs under the Family Law Rules.

Applying principles of fairness and reasonableness in assessing costs, the court awarded partial indemnity costs to the respondent.