In what circumstances will a court order costs for an unmeritorious claim for custody?
Ontario, Canada
The following excerpt is from Dokis v. Leonard, 2020 ONCJ 84 (CanLII):
In the decision of Daher v. Khanafer, [2016] OJ 997, Justice Shelston of the Ontario Superior Court of Justice recognizes that a case about custody does not preclude an order for costs. He mentions at paragraph 41 that “where it is shown that the position being espoused by a party is a waste of time or nuisance and that party does not have enough assets in Ontario to pay costs it matters not that custody is the issue. If this means that the proceeding effectively is ended or stayed so be it. I can think of no better case to stop in its tracks then an unmeritorious claim for custody”.
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