The applicants, foster parents, sought $30,000 in costs against the respondent Children's Aid Society following an emergency judicial review where the court ordered the children to remain in the applicants' care.
The court noted that while Children's Aid Societies do not have immunity from costs, costs should be dealt with justly.
Although the court disagreed with the Society's actions in attempting to remove the children right before Christmas, it found no bad faith or unreasonable conduct, as the Society was acting to protect a child.
The request for costs was dismissed.