Both parties in Thompson v Gilchrist, 2012 ONSC 5154, ‘behaved reasonably throughout’ the proceedings (a custody and access case). Minnema J noted, however, that he was, in considering ‘any other relevant matter’ under Ontario’s costs rule, entitled to consider the relative financial positions of the parties. In this case, Gilchrist had no ability to absorb her own costs, and while Thompson’s means were limited, this did not ‘afford him immunity to a costs order’. Thompson was ordered to pay $12,000 in costs, inclusive of disbursements and GST, enforceable as support. See also Murray v Murray (2005) 79 OR (3d) 147 (CA).

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