The applicants, the maternal grandmother and maternal uncle, sought access to the respondent's two children following the death of their mother.
The respondent opposed the application and sought a restraining order, citing the children's trauma and the therapist's recommendation against contact with the maternal family.
After a case conference where the court expressed concerns about the merits of the application, the applicants withdrew their application and consented to the restraining order.
The only remaining issue was costs.
The court awarded costs to the respondent, finding that the applicants had prematurely commenced the court proceeding without waiting for therapeutic reports and had proceeded unreasonably despite clear indications from the respondent's counsel about the children's emotional state and the legal test regarding parental autonomy in grandparent access cases.
