This Costs decision arose out a half-day Family Special Chambers Application to enforce the mediated agreement between the Plaintiff and the Defendant. The Defendant denied that an agreement was reached. Justice Silver found that a clear and unequivocal decision was reached during the mediation. The Plaintiff was successful in enforcing the mediated agreement.

The Court considered the general principles related to Rules 10.29 and 10.33, outlining the factors for consideration in determining the reasonable and proper costs award, including whether enhanced costs or the use of multipliers are appropriates. The Court considered the factors specified in Rule 10.33(1), such as the outcome of the case, the significance of the issues at hand, and the complexity involved, to ascertain the appropriate costs award, while Rule 10.33(2) was utilized to assess the quantum of the costs award. Given the success of the Plaintiff, Silver J. held that she was entitled to costs as the successful party. Justice Silver highlighted that the Respondent's actions, which involved unnecessary litigation measures and a refusal to acknowledge the agreement, influenced the decision to award Costs. The Court applied a multiplier of 1.5 to the fees, resulting in a total award of $6,230.50.