Following a 154‑day child protection trial, the father sought full indemnity costs exceeding $3 million against the Children’s Aid Society and the mother.
The court found the mother had acted in bad faith by advancing false allegations that fueled prolonged litigation.
The court further concluded the Society breached its statutory duties by failing to conduct an objective investigation, withholding disclosure, and advocating for the mother rather than reassessing its case as contrary evidence emerged.
While rejecting costs against counsel for the children or the Office of the Children’s Lawyer, the court held that the Society bore the greatest responsibility for the extraordinary length and expense of the proceedings.
Costs were fixed at just over $2 million, apportioned 70% to the Society and 30% to the mother.
