This decision concerns the quantum of costs awarded to the applicant mother following a two-day trial for child support.
The trial determined the father's income for support and his undue hardship claim, with the mother being successful.
The court reviewed the modern purposes of costs, including indemnification, encouraging settlement, discouraging inappropriate behaviour, and ensuring justice.
The father's conduct, which included disputing paternity without follow-through, delaying disclosure, lack of forthrightness, and unreasonable positions on support and undue hardship, was heavily criticized as flagrant, reckless, and profoundly irresponsible.
Despite the father's plea for sympathy, the court found his behaviour warranted a costs award.
The court fixed costs at $9,000, the amount claimed by the mother, finding it fair, reasonable, and proportionate given the father's conduct and the mother's reasonable offer to settle.