I am satisfied that “success” is not a tenable approach in this matter for two reasons: 1. The nature of the issues between parties were hard fought, with no judicial fact finding or determination. Therefore, the court approaches the task of costs on the basis that neither party was successful; and 2. The trend in the authorities is that “success” is not a significant factor in these cases; rather, one examines the nature of the dispute and the conduct of the parties. Cost sanctions in these guardianship disputes should not be personally imposed, provided that it can be said the parties were motivated by the best interests of the person under a disability and did not act in an unreasonable manner that led to unnecessary costs: Ziskos v. Miksche, 2007 CanLII 46711 (S.C.J.) at paras. 56, 254.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.