Ontario Civil

Civil Procedure

Father acted in bad faith in offering perjured testimony

Ruling regarding costs. Father’s motion under Hague Convention for order that his daughter be returned to California was dismissed on finding that father’s violence towards mother created grave risk that child’s risk would expose child to physical or psychological harm or otherwise place child in intolerable situation. Hearing totalled nine and one-half days. Mother sought costs on full recovery basis of $128,931.25. Father was ordered to pay costs on full indemnity basis fixed at $24,249.40. Father acted in bad faith in offering perjured testimony and recruiting family members to back up his false story. Court had no discretion based on consideration of parties’ financial situation to eliminate or reduce what would otherwise be proper award of full recovery costs. It was appropriate to order full recovery costs for whole hearing. Father’s conduct considerably lengthened hearing. Given that father had modest income of $27,000, no assets, and significant debt, legal aid rate was employed to determine quantum of costs.

Achakzad v. Zemaryalai

(Nov. 14, 2011, Ont. C.J., Murray J., File No. DFO 09 10073 B2) 210 A.C.W.S. (3d) 49 (8 pp.).

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