What is the test for a judge to award full recovery in a custody action where a party has met the conditions in Rule 18(14) of the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Hawkins v. Huige, 2007 CanLII 54959 (ON SC):
I am also of the view that the court has a discretion not to make an award of full recovery even where the party has met the conditions in Rule 18(14). The rule makes that clear since it provides that "unless the court orders otherwise" the party is entitled to full recovery. Again, a relevant consideration would be the financial condition of the parties, especially an unsuccessful custodial parent. See Church v. Church, 2003 CanLII 2084 (ON SC), [2003] O.J. No. 2811 (QL) (S.C.J.), at paras. 14-18. Finally, I am of the view that even when making an award of full recovery the trial judge must ensure that the costs sought by the successful party are reasonable.
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