What is the current state of the law on costs in family litigation?

There have been some recent developments in the area of costs in family litigation. The principle is neatly set out in Fillis v. Fillis, 2006 BCSC 1032, by Ehrcke J., at para. 4: It was my view at the conclusion of the trial that this was a proper case in which to exercise my discretion not to award costs because the primary issue in the litigation was the custody arrangement that would be in the best interests of the children, and both parties were honestly of the view that the custody arrangement they proposed would be in the children’s best interests. Although the arrangement favoured by the mother ultimately prevailed, I concluded that the position advanced by the father was not an unreasonable one and that he should not be penalized for having sought a judicial ruling on the issue. I was of the view that although the result at trial was more in accord with the plaintiff’s position than that of the defendant, it would be wrong to characterize her as the winner and him as the loser; both wanted what was best for the children, and the trial was conducted to determine that issue.