The respondent father sought a costs order personally against the applicant mother's lawyer after the lawyer failed to attend a scheduled Assignment Court appearance.
The lawyer had faxed a letter the day before stating he was out of the country and asking duty counsel to act for him, which resulted in the case losing its trial priority and the father incurring wasted legal fees.
The court applied the test for awarding costs against a lawyer personally under subrule 24(9) of the Family Law Rules.
Finding that the lawyer's conduct caused unnecessary costs and that he mishandled the scheduling conflict without apologizing, the court ordered the lawyer to personally pay $600 in costs to the respondent.
