This is a costs decision in a child protection proceeding under Part V of the Child, Youth and Family Services Act, 2017.
The maternal grandmother sought costs of $16,528.92 against the father and paternal uncle following a successful motion to terminate the paternal uncle's overnight access to the children and restrict him to day access only.
The court dismissed the motion for costs, finding that although the maternal grandmother was successful on the motion, the circumstances of a child protection proceeding warranted no costs award.
The court held that parents should be entitled to vigorously defend themselves in child protection proceedings without fear of cost sanctions, and that costs should only be awarded in rare and exceptional circumstances.
