Following dismissal of a child protection motion brought by a child welfare agency seeking emergency supervision and assessment orders under the Child and Family Services Act, the respondents sought costs.
The court found the agency’s investigation and litigation position fell far below the required standard of fairness and reasonableness expected of a statutory child protection authority.
The application was characterized as a fishing expedition driven by concerns raised by school authorities rather than legitimate child protection issues.
Applying rule 24 of the Family Law Rules, the court concluded that a substantial costs award was warranted.
Costs of $12,500 inclusive of disbursements and HST were ordered against the agency.
