Following a successful Hague Convention application ordering the return of four children to Norway after wrongful retention in Ontario, the court determined costs.
The successful party sought substantial indemnity costs including Canadian counsel fees, travel expenses to attend an earlier adjourned hearing, and legal fees incurred with Norwegian counsel.
Applying Article 26 of the Hague Convention, the Family Law Rules, and the discretion under the Courts of Justice Act, the court held that abducting parents should generally bear the reasonable expenses of securing a child’s return.
Substantial indemnity costs were awarded for Canadian legal work and travel expenses, with additional costs later awarded for Norwegian counsel after supplementary documentation was provided.
