What are the costs awarded to the mother in a custody action for maintaining a separate home for Muyang and Haoyuan?

Ontario, Canada


The following excerpt is from Li v. Wu, 2021 ONSC 2099 (CanLII):

The mother makes several arguments in relation to her ability to pay and the timing of the costs award. First, she argues that she does not have ability to pay the costs amount requested. Since the separation, the mother has been incurring costs for maintaining a separate home as well as for full-time care for Muyang and part-time care for Haoyuan. She claims that if she is required to pay the costs amount requested, she will drain her financial resources which will consequently prejudice the children. Second, the mother relies on Stone v. Williams, 2014 ONSC 5720, 50 R.F.L. (7th) 93, at para. 17, for the proposition that a party should not be faced with costs sanctions where a motion for access and custody is still pending and the party has acted reasonably and in good faith. Third, the mother asks that any costs awarded should be payable at trial after all issues have been decided.

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