The court considered costs following a contentious matrimonial proceeding involving disputes over exclusive possession of the former matrimonial home and parenting time.
Both parties had taken entrenched positions throughout the litigation and had failed to meaningfully pursue mediation or negotiation.
The court found that responsibility for the litigation conduct was shared and that neither party achieved clear success on the principal issues before the court.
Given the divided success and mutual fault, the court declined to award costs to either party.
