Does a successful applicant in a family law matter need to pay costs in any event of the cause?

The respondent wishes to rely, inter alia, on Wilson v. Brown, where Halfyard J. refused to award costs in any event of the cause to the wife, who was successful in disqualifying the husband’s counsel in a family law matter. However, Halfyard J. was referred to two cases in which successful applicants in cases of this kind were awarded costs in any event of the cause and acknowledged that there is “no set rule”. As evident in para. 50, his determination was primarily based on the fact that the plaintiff ought to have raised the issue earlier than she did (the application came for hearing one week before trial was to commence after the disqualified counsel had already been representing the husband for more than a year). This reasoning does not apply to the case at hand.

In addition, the respondent argues that costs in the cause are appropriate because, as in Dahl v. Dahl, the litigation to come is similarly complex with a corresponding possibility of substantial costs. However, it is the respondent who set the issues to be resolved by summary trial.