This decision addresses the issue of costs following a motion where the Applicant (Father) successfully compelled the Respondent (Mother) to ensure the child's consistent attendance at school and activities.
The Father sought substantial indemnity costs, arguing he was the successful party and that his offer to settle met Rule 18 requirements.
The Mother argued for no costs or costs in the cause, citing divided success and issues with the Father's offer and bill of costs.
The court found the Father was the successful party on the primary issue but denied substantial indemnity costs, concluding the offer to settle did not sufficiently meet Rule 18 criteria and noting issues with the proportionality and breakdown of the Father's claimed costs.
The Mother was ordered to pay $2,500 in costs to the Father.
