The court awarded the substantially successful respondent partial indemnity costs of $5,837.58, balancing indemnification with the applicant's reasonable litigation conduct.
This is a costs decision in a family law matter involving custody, access, and child support.
The respondent sought sole custody of the parties' son and child support, and was substantially successful.
The applicant sought physical access and an order preventing disparagement, and was unsuccessful.
The court awarded costs to the respondent but at a reduced amount (45% of claimed costs) to balance the objectives of indemnification, settlement promotion, and recognition of the applicant's reasonable litigation conduct and early settlement efforts.
