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The court adjourned a peremptory family trial after co-counsel withdrew, finding exceptional circumstances and unfairness if the claimant had to proceed unrepresented.
In a post-trial family costs ruling, the court held that S.P. was substantially successful and awarded her costs and double costs after delivery of the s. 211 report.
The court held it retained jurisdiction over costs, denied special costs and a 1.5x uplift, awarded costs for more than ordinary difficulty, and left an expert-report disbursement to the Registrar.
The court dismissed a contempt application because the registrar’s order was not clear enough to prove a mandatory obligation beyond a reasonable doubt.
The court refused to grant substantial indemnity costs for the claimed heads, awarded reasonable partial awards for the appeal and the action, allowed the expert disbursement in full on the record, and reduced the aggregate costs to avoid disproportionality; specifically the Court of Appeal awarded $44,500 inclusive for the appeal and action and confirmed the motion judge's earlier award of $75,000 plus HST and $13,575.81 disbursements, applying principles of reasonableness and proportionality to pare back the total costs.
Source excerpt
The court allowed a limited pleading amendment and granted an adjournment on terms, including an undertaking as to damages, costs thrown away, and waived filing fees.
The court granted A.B. sole custody of Y., allowed relocation to Victoria, set access for C.D., and ordered child and spousal support plus a contribution to expert-report costs.
Costs reasons in a custody/guardianship dispute: the father, as successful party, received trial costs on Scale B, but double costs were denied and expert-report fees were allocated between the parties.
The court ordered joint custody and joint guardianship with alternating primary residency, finding the child’s best interests were served by maintaining strong ties to both parents.
The court allowed an appeal and ordered a neutral s.15 investigation into whether a parenting regime was harming the children’s emotional well-being.
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