Following a motion where the applicant father was overwhelmingly successful in obtaining primary residence of the children, he sought full recovery costs of $9,930.
The respondent mother argued she could only afford $1,500 due to her limited financial circumstances and receipt of Legal Aid.
The court found the mother's conduct unreasonable but not rising to the level of bad faith required for full recovery.
The court held that while ability to pay is a factor, it cannot shield a litigant from the consequences of unreasonable behaviour, nor is the receipt of Legal Aid a relevant factor in determining costs.
Costs were fixed at $6,000.
