NT v CLH, 2023 ABKB 379


10.33: Court considerations in making costs award

Case Summary

This was a Costs Decision following an Application to relocate two children shared by the Parties. The Court also made determinations of income for support purposes, ongoing and retroactive child support, and ongoing spousal support.

The Applicant sought Costs in the amount of $9,150, for steps taken since seeking leave to commence the relocation Application. The Respondent sought Costs in the cause.

The Application to relocate the children was successful. The Respondent was largely successful on determination of spousal support. Success was divided on the other issues. The Court held that, having regard to the factors in Rule 10.33, it was appropriate to award Costs to the Applicant, but at less than the amount claimed. The Court awarded $5,000 in Costs, representing Costs of a Case Conference, Chambers Application, Questioning and Special Chambers Application, all associated with the Application and associated determinations.

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