The Applicant sought full indemnity costs after successfully obtaining an order for DNA paternity testing of the Respondent.
The Respondent opposed, arguing for lower costs and alleging bad faith by the Applicant.
The court, applying Rule 24 of the Family Law Rules, found the Applicant was the successful party but did not find bad faith by either party.
Considering the importance and complexity of the issues, the reasonableness of counsel's time and hourly rate ($300/hour for 18 years experience), and the absence of applicable offers to settle, the court awarded partial indemnity costs.
The court also affirmed that a legally-aided client's fee arrangement with Legal Aid does not need to be disclosed, and costs should be assessed based on the private rate of the solicitor.
The Respondent was ordered to pay $4,500.00 inclusive of fees, disbursements, and HST.
