Mills J.

The applicant father brought a motion seeking to compel the respondent mother to undergo a mental health assessment under s. 105(3) of the Courts of Justice Act, alleging she suffered from schizophrenia.

He also sought the release of police records.

The court dismissed the motion, finding the applicant's evidence was based on conjecture and speculation, and that the request was an unjustified intrusion on the respondent's privacy rights.

The court also found the motion was brought to intimidate and embarrass the respondent, awarding her full indemnity costs.

Following a nine-day trial where the plaintiff's claim was dismissed, the successful defendants sought costs.

The defendants had made a valid Rule 49 offer to settle for $50,000, entitling them to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.

However, due to significant deficiencies in the defendants' Bill of Costs, including a lack of itemized dockets and disbursement invoices, the court exercised its discretion under s. 131 of the Courts of Justice Act to fix costs at $120,000 all-inclusive.