Nevertheless, even with such jurisdiction it did not automatically follow that costs will routinely be awarded. Following Feagan v. Corcoran, supra, the award “should be made only in cases of special and unusual circumstances”. The unique events in Re B(AD) made it necessary for the Minister to pay the costs of the guardian ad litem since the Director had not acted, with the result that the guardian ad litem had been required to take essential steps “to ensure that the interests of the public and the child are protected”.
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