This was a Costs Decision following the dismissal of a father’s Application to vary the child support payable for his two daughters. The mother sought $27,555.14 in solicitor-client costs or an award for enhanced costs.

The Court considered Rule 10.29 and the factors outlined in Rule 10.33, which include the outcome of the case, its complexity, and the behavior of the parties involved. Exercising its discretion, the Court awarded the mother lump sum costs of $8,500. It noted the father's history of ignoring Court Orders, his failure to provide financial disclosure, his refusal of a more favorable settlement offer from the mother, and his attempts to evade child support obligations. The Court found the father’s Application frivolous and his behaviour contemptuous. The Costs awarded reflected the unnecessary nature of the Application and the father's ongoing misconduct.