ALBERTINNI & PODOPOULOS

In the matter of *Albertinni & Podopoulos*, heard before Dawe J, the wife had filed an application seeking specific parenting orders concerning the parties' child. The parties shared equal parental responsibility, and the husband had consented to the arrangements proposed by the wife. Despite this concession, the wife continued with the proceedings.

The court was required to determine whether to grant the wife's application for specific parenting orders and, in light of the wife's lack of success, whether to award costs to the husband. The court also considered the conduct of the parties in relation to the pursuit of the litigation and the financial circumstances of the parties when assessing the costs application.

Dawe J dismissed the wife's application, reasoning that it was inappropriate to encourage litigation when parties had an obligation to engage in negotiations, particularly when the husband had already consented to the proposed arrangements. The court found that the wife had been wholly unsuccessful in her application. Considering the conduct of the parties and the wife's lack of success, the court ordered the wife to pay a portion of the husband's costs. The wife's Initiating Application was dismissed, and she was ordered to pay the husband's costs fixed at $2,000.00 within twenty-eight days. All matters were subsequently removed from the pending list.