Following a successful motion removing a litigation guardian and counsel due to conflict of interest, the court determined the appropriate costs award.
The successful defendants sought approximately $19,500 in costs.
The court considered whether costs should be ordered personally against the litigation guardian who defended the motion rather than against the incapable plaintiff represented by the guardian.
Relying on jurisprudence concerning the role and protection of litigation guardians, the court held that personal cost consequences should generally not be imposed absent bad faith or frivolous conduct.
The motion had been defended unsuccessfully but not improperly, and costs were therefore awarded against the plaintiffs rather than personally against the litigation guardian.
