The applicant was successful on a motion regarding the residential schedule of the parties' daughter and sought costs of $50,000 on a substantial indemnity basis.
While the applicant was presumptively entitled to costs due to his success and beating his offer to settle, the court found that both parties had engaged in blameworthy conduct that escalated the conflict contrary to the child's best interests.
Consequently, the court reduced the applicant's cost recovery and awarded him $15,000 inclusive of HST and disbursements.
