This is a costs decision in a child protection proceeding under the Child and Family Services Act.
The respondent father sought costs against two child protection societies: Kunuwanimano Child and Family Services and North Eastern Ontario Family and Children's Services (NEOFACS).
The father claimed costs of $90,116.51 on a full recovery basis for a 14-day trial.
The court found that NEOFACS was not liable for costs as it was not the applicant during the trial period.
However, the court found that Kunuwanimano engaged in unfair and unreasonable conduct, including failure to properly investigate the father's Aboriginal connection claim, failure to follow up on critical evidence, and unilateral restrictions on parental access.
The court awarded costs to the father against Kunuwanimano, but reduced the award by two-thirds due to the father's own misconduct in misrepresenting his Aboriginal status to facilitate the transfer of the file to Kunuwanimano.
The final costs award was $31,500 inclusive of HST and disbursements.
