Michael T. Chilco

Following a prior decision, the court considered submissions regarding costs.

The applicant’s reply largely reiterated earlier arguments but raised an objection to awarding costs for a settlement conference.

The court agreed that costs should not be awarded in relation to the settlement conference.

Ultimately, the court confirmed its earlier ruling that there should be no order as to costs.

Following settlement of all substantive issues in a family proceeding, the remaining dispute concerned costs related to a motion for child support.

The applicant sought full indemnity costs of approximately $13,000, while the respondent sought costs of approximately $18,000, alleging the applicant had acted unreasonably.

The court found the income figure of $35,000, accepted by both parties, to be reasonable and rejected the argument that the applicant’s conduct alone caused the delay.

The judge noted that the respondent’s conduct could equally have contributed to prolonging the proceedings.

The court concluded that neither party should recover costs.