Following a family law motion in which the moving party was entirely successful, the court determined the quantum of costs payable by the applicant and respondent.
The court considered Rule 24 of the Family Law Rules, including the mandatory full recovery provision for bad faith under sub‑rule 24(8).
The court found that both opposing parties had acted in bad faith by making false statements, abusing the court process, and advancing unsubstantiated allegations of fraud.
After reviewing the complexity of the issues, reasonableness of conduct, offers to settle, counsel’s hourly rate, and time spent, the court concluded the claimed full indemnity costs were fair and reasonable.
Costs of $23,887.57 inclusive of HST and disbursements were awarded and ordered payable immediately.
