The applicant sought costs on a substantial indemnity basis following a successful trial on custody and parenting arrangements.
The trial resulted in a joint shared custodial arrangement with child support payable in accordance with the Federal Child Support Guidelines.
The respondent opposed the costs award, arguing that the applicant's offer to settle was unreasonable, that domestic violence issues forced litigation, and that a costs award would cause financial hardship.
The court found that the applicant's offer was reasonable, that the respondent acted unreasonably by refusing settlement, and that the respondent's domestic violence claims were unsupported by evidence.
The court awarded costs on a substantial indemnity basis from the date of the offer to settle.