The applicant father sought costs of $19,053.50 on a substantial indemnity basis following a successful motion requiring the respondent mother to return the children to St. Thomas after a surreptitious relocation.
The court found the father was presumptively entitled to costs as the successful party.
After considering the father's offer to settle, the mother's unreasonable behaviour in relocating without notice, the excessive time spent by the father's counsel, and the mother's financial circumstances, the court awarded the father costs fixed at $10,000.
