In Weaver v. Tait, (1990) O.J. No.243 Granger J. held at p.2 where the main issue in the trial was custody, that costs should only be awarded if a party has “not acted in good faith or has made a frivolous claim”. Granger J. in that case did not award costs referable to the custody issue because he found that the father had a “legitimate although unsuccessful claim for custody of the children”. He did, however, order one day of costs in the ten day trial. His refusal to award costs in respect of the custody issue was a function of his finding that father’s claim was not frivolous and that he was acting in good faith.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.