The applicant children's aid society sought costs of $10,094.86 following its successful defence of a motion brought by the respondent parents in a child protection proceeding.
The parents argued that no costs should be awarded against them to avoid deterring parents from defending against state intervention.
The court found this to be a rare and exceptional circumstance warranting a costs award against the parents, as they had brought an ill-conceived motion with no reasonable prospect of success following their own breach of a court order.
The court ordered the parents to pay costs of $2,500.
