What is the test for determining whether a court will award costs under Rule 24 of the Family Rules?
Ontario, Canada
The following excerpt is from Potter v. Dhieux, 2013 ONSC 664 (CanLII):
The Mother argues that the Father relies on a single custody case, Britt v. Britt, [2000] O.J. No. 5981 (Sup. Ct.), in support of his interpretation of Rule 24. In that case, Mackinnon J., at para. 4, states that the court retains its discretion under Rule 24 of the Family Rules, as: “The Rule does not require that costs always be awarded to a successful party.” In that case, a modest award of costs was made, as the court held that the father’s position on the motion was unreasonable.
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