When will a court order that the parties of a child separation action be liable for the costs of the children's separation costs?

Ontario, Canada


The following excerpt is from Basley v Basley, 2017 ONSC 886 (CanLII):

The words of Humphries J. at para. 2 of Hansen v. Mantei-Hansen, 2013 CarswellBC 1463 (B.C.S.C.) are entirely on point. She said: In general, costs in family matters follow the event. However, this is a case where each parent has a legitimate and well-founded case to put forward. It would not be in the interests of justice to pronounce one parent successful in this action and one not. The only consideration is the best interests of the children, and as I have made clear, the children would be well served living primarily with either parent. Given the parents' determination to live apart, and their equal devotion to their children, a decision had to be made for the children by a court. In these circumstances it is appropriate that the parties bear their own costs.

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