What is the test for a court to award costs in a custody matter?
Ontario, Canada
The following excerpt is from Re Y. Infants (No. 2), 1981 CanLII 223 (ON CJ):
[18] . . . as was recognized in Talsky v. Talsky, supra, where, in custody proceedings, the paramount consideration is the welfare of the children then, except in very exceptional cases, the unsuccessful party should not be further penalized by an award of costs.
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