How have courts in BC dealt with the double cost penalty in a custody case?
British Columbia, Canada
The following excerpt is from Chera v. Chera, 2008 BCSC 1640 (CanLII):
These decisions were based on reconciling the policies that drive cost decisions where the issue is the best interests of children. The court in Redpath explained that the double cost penalty is based on one party refusing a reasonable offer that would have been more favourable to them than that achieved at trial. Where the issue is the best interests of the child, the resulting decision is not a benefit– the true winners in any custody case are the children: see also Morrison v. Morrison, [2001] B.C.J. No. 1290, 2001 BCSC 909 at para. 4.
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