The Children's Aid Society appealed a costs order of $12,482.49 made against it on a motion for state funding brought by the respondent mother.
The motion judge had found the Society acted unreasonably in opposing the motion and failing to accept an offer to settle.
The Divisional Court granted the appeal and set aside the costs award, finding that while the Society did oppose the motion on the merits, taking a position on the merits of an appeal is consistent with its statutory mandate and does not amount to unreasonable conduct justifying a costs award against a child protection agency.
