In a custody and access case, in what circumstances will the court consider a more tempered approach to costs?
Ontario, Canada
The following excerpt is from E.L. v. N.R., 2017 ONSC 5406 (CanLII):
In cases involving custody and access claims, a more tempered approach to costs may be appropriate depending on the circumstances of the case. The rationale for this is that parties should not be discouraged from advancing bona fide custody or access claims that are meritorious out of fear of possible deleterious financial consequences (Weaver v. Tate, 1989 CarswellOnt 330 (H.C.)).
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