The applicant, Ms. Wang, sought costs after successfully obtaining a comprehensive parenting order and a detailed summer schedule for the child, following the respondent's (Dr. Tang) unilateral suspension of parenting time.
Ms. Wang sought full costs of $9,661.50.
Dr. Tang argued for divided success or deferral of costs.
The court found Ms. Wang was the successful party on the dominant issue and that Dr. Tang's litigation conduct was unreasonable, particularly his refusal to mediate.
Despite Ms. Wang's inadequate Bill of Costs and lack of an Offer to Settle, the court awarded partial costs of $6,780 to Ms. Wang, considering the principles of indemnification, settlement encouragement, and discouraging inappropriate behaviour.