The Applicant, Ms. Baxter, sought an order for costs against the Respondent, Mr. Pykari, related to Mr. Pykari’s dismissed motion to vary child and spousal support on a temporary basis.
The court awarded Ms. Baxter costs in the amount of $8,500, inclusive of fees, disbursements, and HST.
The decision applied family cost rules, emphasizing the presumption that a successful party is entitled to costs, and considered factors such as the parties' behaviour, the complexity of issues, and proportionality.
The court found that Mr. Pykari's original motion was best left for trial due to insufficient evidence and dated income information, and noted that both parties shared responsibility for delays and lack of disclosure, which influenced the final costs award.