The applicant sought costs against the Director of the Family Responsibility Office following a successful motion to refrain the suspension of his driver's licence.
The applicant had agreed to spousal support provisions in a separation agreement and had commenced a motion to change the support amount due to a significant reduction in income.
The Director had previously agreed not to pursue enforcement if the applicant commenced a motion to change, which he did.
However, approximately six months later, without prior notice or consultation, the Director issued a notice to suspend the applicant's driver's licence.
The applicant brought a motion to refrain the suspension, which was resolved when the parties agreed to withdraw the support agreement from the Director's office.
The court found that the Director's decision to restart aggressive enforcement without prior notice or consultation constituted special and unusual circumstances justifying a costs award against the government agency.
