S. Beddoe

Following a lengthy family law trial where the applicant father was overwhelmingly successful, he sought costs of $1.1 million.

The court found the respondent mother's litigation conduct unreasonable, particularly regarding parenting and income issues, and noted she failed to beat the applicant's offers to settle.

The court awarded the applicant $750,000 in costs on a partial recovery basis.

The court declined the applicant's request to characterize the costs as support to protect them from bankruptcy, finding that costs awarded to a support payor do not fall within the definition of a support order under the Family Responsibility and Support Arrears Enforcement Act.

The applicant mother brought a motion to find the respondent father in contempt of a prior court order requiring his participation in reunification therapy and a section 30 assessment for their son.

The court found the father in contempt of the provisions requiring him to adhere to the therapy agreement and attend sessions, noting his deliberate and willful delay and refusal to cooperate.

The court dismissed the contempt allegations regarding communication with the therapist and payment of the assessor's retainer, as the latter is a payment order not enforceable by contempt under the Family Law Rules.

The father was ordered to pay a $25,000 fine, return the child to the mother, and was sentenced to 30 days imprisonment, which could be reduced or suspended upon compliance with specific conditions.