What is the quantum of costs awarded in a mobility case?

Ontario, Canada


The following excerpt is from Naccarato v. Naccarato, 2018 ONSC 1302 (CanLII):

I must, however, consider that the father agreed to a visitation schedule with the children in Windsor. Further, I agree with the principle described in Reid v. Mulder, 2006 CanLII 9981, [2006] O.J. No. 1273 (S.C.J.) wherein the unsuccessful party on a mobility case was given considerable credit for the costs that would be incurred in exercising access. In Reid v. Mulder, the children were permitted to move to Fiji and no costs were awarded in light of the costs associated with exercising access. While it would not be appropriate to award no costs in this case (the costs of travelling to Windsor are considerably less than the costs of travelling to Fiji, one would assume), the costs of travel coupled with the father’s concessions regarding a visitation schedule demand that the quantum be reduced significantly.

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