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Digest of the Week | Costs and Conduct of a Party

Costs and Conduct of a Party

McDougall v. Thobile Hartman | 2017 ONCJ 863 | Ontario Court of Justice

Family law --- Costs — In family law proceedings generally — Factors considered — Conduct of party

Hearing determined father's motion for access in highly acrimonious litigation — Cost submissions received — No costs awarded — Both parties served offers to settle, they did not meet criteria under Rule 18(14) of Family Law Rules, but they could be considered under Rule 18(16) — After trial father posted scathing depiction of judge on his Facebook account — Message posted to public venue was disrespectful in extreme to Rule of Law, administration of justice and judicial system — Given outcome of trial and father's offer to settle, he would be considered to be successful party and might be entitled to some costs, but father should not be rewarded for his behaviour — Father's behaviour was unacceptable and unreasonable, and it must be discouraged — Depriving otherwise successful party of costs was one way to discourage behaviour — Given father's behaviour, he was not entitled to costs.
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