When will a court set a quantum of costs against a parent who has failed in a custody claim?
Ontario, Canada
The following excerpt is from Thrush v. Hiros, 2015 ONCJ 548 (CanLII):
The court setting a quantum of costs can also look at any other relevant matters. The financial position of the parties can be a significant factor. Our Court of Appeal has said[4] “…In my view, a consideration of particular relevance may be the financial position of the parties, especially of an unsuccessful custodial parent. See Biant at para. 17 and Brennan v. Brennan, [2002] O.J. No. 4743 (S.C.J.) at para. 11. In fixing costs the courts cannot ignore the best interests of the child and thus cannot ignore the impact of a costs award against a custodial parent that would seriously affect the interests of the child.”
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