This endorsement addresses the costs of a contested interim motion in a family law proceeding concerning grandparent contact.
The applicant (maternal grandmother) sought no costs, while the respondent (mother) sought $26,000, relying on a rejected offer to settle.
The court, applying the Family Law Rules and the Courts of Justice Act, emphasized that while costs generally follow success, they should not create "litigation chill" in family law matters involving children's best interests.
The judge found the respondent's offer to settle "stingy" and effectively meaningless, thus not giving effect to Rule 18.
Considering the complexity, time engaged, and the applicant's resources, the court fixed costs at $10,000, payable by the applicant to the respondent (mother) within six months.
The respondent (father) was self-represented and neither paid nor received costs.
