The Office of the Children's Lawyer (OCL) appealed a trial judge's decision holding it jointly and severally liable for 20% of the costs awarded against the mother in a custody and access dispute.
The trial judge had criticized the OCL for failing to seek court orders to compel the father and child to cooperate with its investigation.
The Divisional Court allowed the appeal, finding that the trial judge erred in principle by applying the wrong threshold for awarding costs against a non-party.
The Court held that costs against the OCL should only be awarded in exceptional circumstances involving bad faith or patently unreasonable, unfair, or indefensible conduct, which was not present in this case.
