The Honourable Mr. Justice G.A. Campbell

In a child protection proceeding, the mother's former lawyer brought a motion to set aside the court's previous findings of incompetence and ineffective counsel.

The mother brought a cross-motion for costs against the former lawyer personally under Rule 24(9) of the Family Law Rules.

The court set aside the finding of incompetence, deferring that issue to the Law Society, but upheld the finding that the lawyer provided inadequate and ineffective counsel by failing to order trial transcripts and failing to bring a motion for access pending appeal.

The court found the lawyer's inaction caused a miscarriage of justice and wasted significant costs.

The lawyer was ordered to personally pay $50,000 to Legal Aid and $50,000 to the mother's new counsel.

Following a settlement conference regarding spousal support, the applicant sought costs.

The self-represented respondent requested a delay to seek further legal advice, which the court denied, noting the requirement to fix costs promptly after each step.

The court found the respondent's actions failed to save expense and time, forcing the applicant to incur significant legal fees.

The court ordered the respondent to pay $5,000 plus HST in costs forthwith, enforceable by the Family Responsibility Office.