Does a judge have an obligation to order ordinary costs in a custody action?

British Columbia, Canada


The following excerpt is from D.J.D. v M.L.D., 2017 BCSC 1417 (CanLII):

Costs are a discretionary award. In matters of custody and access, the usual rule that “costs follow the event” applies subject to the discretion not to award costs in certain circumstances. Those circumstances do not include the nature of the issues in dispute. See Falvai at para. 11, S.J.C. v. S.-J.A., 2010 BCCA 31 at para. 62, and Reis v. Bucholtz, 2010 BCCA 115 at paras. 83-86. Accordingly, I find no error in the judge’s exercise of discretion to award the father, as the substantially successful party in the action, ordinary costs.

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