J. Braude

Following a successful appeal that set aside an order requiring the appellant to have a litigation guardian, the court determined the costs of the appeal.

The appellant sought substantial indemnity costs of over $30,000, arguing that full recovery is the norm in family law proceedings.

The respondent argued for no costs due to the novelty of the issue, or alternatively $7,000.

The Divisional Court held that the normal rule of partial indemnity costs applies to appellate proceedings in this court, rejecting the family law full-recovery norm for appeals.

Costs were fixed at $15,000 on a partial indemnity basis.

The minor appellant brought an application seeking child support from her biological father.

The motion judge held that the appellant was required to have a litigation guardian under Rule 7 of the Rules of Civil Procedure, finding the Family Law Rules did not adequately cover the situation.

On appeal, the Divisional Court held that the Family Law Rules do adequately cover the situation, specifically exempting a child in a child support case from the definition of a 'special party'.

The appeal was allowed, and the order requiring a litigation guardian was set aside.