Following the settlement of their family law proceeding, the applicant sought $340,000 in costs, arguing substantial success and unreasonable behaviour by the respondent regarding disclosure.
The respondent argued that no costs should be awarded given the compromises involved in the settlement.
The court reviewed the applicable legal principles for awarding costs after a settlement, noting that courts should be slow to award costs in such circumstances.
Finding that success was divided, neither party beat their offers to settle, and there was no bad faith, the court ordered that each party bear their own costs.
