What is the test for awarding costs to an applicant who has made a reasonable child support offer but has received a less favourable court decision?

Ontario, Canada


The following excerpt is from Boca v. Mendel, 1989 CanLII 3320 (ON CJ):

[7] The question is left open as to what the criteria would be for awarding costs in favour of an applicant who, as here, had a measure of success in recovering child support; who has made a reasonable offer but has obtained a court decision clearly less favourable than the best offer she made; was not really in “substantial accord” with the offer — see Dziedzic v. Dziedzic, supra — and has received an equally reasonable offer from the father.

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