A child protection application brought by the Children's Aid Society against the respondent mother was dismissed after a 10-day trial spread over four months.
The respondent sought costs on a substantial indemnity basis, alleging the Society acted unfairly by filing voluminous documents, failing to investigate fully, and advancing seven unproven statutory grounds.
The court found no exceptional circumstances warranting a costs award against the Society, concluding the Society acted appropriately within its statutory mandate, the grounds alleged were well-founded and consistently communicated, and the respondent's failure to address document admissibility prior to trial was not attributable to the Society's conduct.
