R. Mandhane

The respondent brought a motion to strike the applicant's pleadings and proceed to an uncontested trial due to the applicant's breach of multiple disclosure orders.

The self-represented applicant did not oppose the motion, stating he could not afford counsel or adequately represent himself.

The court struck the applicant's pleadings, granted the respondent leave to proceed to an uncontested trial, and awarded the respondent $5,000 in costs to be deducted from any future equalization payment owed to the applicant.

Following a family law trial where the respondent mother obtained sole custody and the applicant father obtained more generous access, the parties could not agree on costs.

The mother sought substantial indemnity costs based on her success and an offer to settle.

The court found divided success on the issue of access but noted the father's unreasonable conduct during litigation.

The court awarded the mother partial indemnity costs in the amount of $18,126.84.