John Z. Olenski

Following the dismissal of the respondent's application for leave to appeal, the successful applicant sought costs of $4,999.34.

The court considered the factors under the Rules of Civil Procedure, noting the matter was not complex and assessing what the unsuccessful party could reasonably expect to pay.

Costs were fixed at $3,500 inclusive of fees, disbursements, and GST, payable by the respondent.

The parents appealed a summary judgment order declaring their child a Crown ward without access.

They argued the motions judge erred by admitting past parenting capacity assessments and that the summary judgment rule in child protection cases violated section 7 of the Charter.

The Divisional Court dismissed the appeal, finding the assessments were expressly admissible under the Child and Family Services Act and declining to hear the Charter challenge as it was raised for the first time on appeal without an evidentiary foundation.