P. Gardner

The applicant sought costs of $27,470.30 on a full indemnity basis following her success on a Motion to Change regarding parenting and child support.

The respondent opposed the costs award, citing inability to pay.

The court found the respondent engaged in unreasonable conduct by failing to make required disclosure, missing court appearances, and failing to narrow issues.

The court awarded the applicant $15,000 in costs, noting that inability to pay cannot shield a litigant who engages in unreasonable conduct that prolongs litigation.

The applicant mother brought a motion to change a 2017 final consent order regarding parenting, child support, and section 7 expenses.

The court found a material change in circumstances as the children were now primarily resident with the applicant.

The court granted the applicant final decision-making responsibility due to ongoing communication issues, while maintaining joint consultation.

The respondent was ordered to pay ongoing table child support and retroactive child support arrears of $20,915.68, as his failure to disclose income increases constituted blameworthy conduct.

The applicant's claim for section 7 expenses was dismissed due to insufficient evidence.