10.33: Court considerations in making costs award

Case Summary

Following a half-day Special Chambers Application in which both parties were partially successful, Justice Richardson issued this Decision on Costs. Justice Richardson identified the applicable factors from Rule 10.33, such as the degree of success of each party, the amount claimed and recovered, the importance of the issues, complexity of the Action, conduct of a party to shorten the Action, and any other relevant matter. In His Lordship’s review of the matter, each party had some success with respect to the parenting Order and child support Order.

With respect to the degree of success by each party, the father was successful in opposing the claim for the daughter’s graduation dress, but unsuccessful in proving undue hardship or overpayments, and unsuccessful in his opposition of math tutor costs under section 7 and post-secondary school costs under section 3. The father also caused some delay by initially filing improper Affidavits, changing counsel, and filing multiple new Affidavits for the Application, but agreed in advance to pay some section 7 expenses. Generally, there was mixed results with permitted hockey expenses and permitted post-secondary expenses. The mother was successful in obtaining full section 3 child support for her daughter and successful in her claim for section 7 reimbursements for martial art expenses for both children.

Justice Richardson ultimately found that due to the mixed success, each party should bear their own Costs.

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