Following a motion and cross‑motion in a family law proceeding concerning custody, access, and child support, the court addressed the issue of costs.
The moving party had been largely successful in opposing a motion to vary an earlier custody order, in resisting attempts to eliminate child support arrears and ongoing support, and in clarifying holiday access.
Applying Rule 24 of the Family Law Rules, the court considered success, complexity, proportionality, and the reasonable expectations of the self‑represented opposing party.
The court determined that costs should be awarded on a partial indemnity basis.
Costs were fixed at $3,500 plus HST and ordered payable as child support.