Court File and Parties

Court File No.: FS-25-00050188-0000

Date: 2026-02-12

Ontario Superior Court of Justice

Between:

Lettie Zinhle Motlopye, Applicant – and – Benjamin Ardouin, Respondent

Counsel: Amanda Erin Taerk, Madeleine Emmanuel, for the Applicant Mason Morningstar, for the Respondent

Heard: February 12, 2026

C. Stevenson J.

Reasons for Costs

[1] By reasons dated Feb 3, 2026, I granted the moving party, the Respondent father, an Order increasing his parenting time on a graduated basis. The schedule which I imposed was greater than the applicant mother preferred but less than the father requested.

[2] The father made reasonable offers to settle but they are not ultimately determinative, as it is not clear that he beat them. I also have regard to the single mother's annual income which is only in the range of about $45,000.

[3] The respondent father asks for costs of the motion in the sum of $2,000 all-inclusive. He says this takes into account the mother's low income. Furthermore, the amount sought is significantly less than his actual costs and, while not a "token" amount, this is required, he argues, to ensure the interests of justice are protected.

[4] The applicant mother says she should be paid costs of $3,500 on the basis that she was the more successful party on the motion. The amount sought shows at least that the amount requested by the father is reasonable.

[5] I find that it was the husband who prevailed on the motion, although not to the extent he would have preferred. I also note that even if the mother may have initially been unreasonable, she did recognize the father could have unsupervised parenting time.

[6] Although the father's cost request is modest, I reduce it further to take into account the mother's financial situation, as well as the need for the parents to work cooperatively going forward, in the best interests of the child. However, they should both be aware that more significant costs may be awarded if they cannot cooperate and further motions ensue.

[7] I therefore award the all-inclusive sum of $1,500 payable by the applicant mother to the respondent father within 30 days. This sum is proportionate and within the reasonable contemplation of the parties.

[8] This costs order will promote the objectives of modern costs rules as set out in Mattina v. Mattina, 2018 ONCA 867 para. 10: (1) to partially indemnify successful litigants; (2) to encourage settlement; (3) to discourage and sanction inappropriate behaviour by litigants; (4) to ensure, in accordance with subrule 2(2), that cases are dealt with justly.

Justice C. Stevenson

Released: February 12, 2026