In what circumstances will costs be awarded in a custody case where there are no winners or losers?
British Columbia, Canada
The following excerpt is from A. v. B., 2010 BCSC 1892 (CanLII):
A contrary view has been taken in some cases such as Cameron v. Cameron, 2005 BCSC 190, where Mr. Justice McEwan suggested that in the absence of objectionable conduct, custody cases should not result in costs awards because there are no winners or losers.
The differing views were articulated and analysed by Mr. Justice Metzger in Jensen v. Mains, [2007] B.C.J. No. 1570. He concluded that in custody cases, costs follow the event unless otherwise ordered by the court.
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