Following dismissal of a motion to transfer a family proceeding from Kitchener to Owen Sound, the court determined the appropriate costs award.
The successful party sought substantial indemnity costs based on an alleged offer to settle and a bill of costs exceeding $9,500.
The court found the offer did not comply with Rule 18(14) of the Family Law Rules because it was unsigned and not open until the hearing commenced.
Applying Rule 24 principles and considering proportionality, the court awarded partial indemnity costs and reduced both fees and disbursements claimed.
