DF v MF

This case concerned a costs Application following a discontinued Appeal in a high-conflict family law dispute. The Appellant had filed an Appeal challenging interim procedural decisions while related parenting issues were still pending at the trial level. The Appeal progressed partway but was later discontinued by the Appellant before any submissions were filed. The Respondent then sought costs for having responded to the Appeal.  

The Respondent asked for elevated or solicitor-client costs, arguing the Appeal was improper and part of a wider pattern of delay and litigation misconduct. The Appellant accepted that some costs were payable but argued they should be limited to standard Schedule C (party‑and‑party) costs. Justice Friesen confirmed that while respondents are generally entitled to costs on a discontinued appeal, higher costs are only awarded in rare cases involving serious misconduct.  

The Court held that the Appellant’s conduct did not meet the high threshold required for enhanced costs. While the Appeal was ill-advised, it was not considered misconduct justifying a departure from standard costs. The Court therefore awarded the Respondent $6,255 in costs, required each party to bear their own costs of the Application, and ordered that the costs of children’s counsel be shared equally between the parties.