What is the test for a successful plaintiff in a custody case?
Manitoba, Canada
The following excerpt is from K.L.S.v. D.A.S., 2006 MBQB 175 (CanLII):
It is clear that the normal rule that costs follow success applies in custody cases: Gabb v. Gabb, 2001 MBCA 19. There needs to be some justification or special reason to deprive a successful litigant of his or her reasonable costs. The onus is on the unsuccessful party to convince the court that the factors set out in Queen’s Bench Rule 57.01(1) and those set out in the case law should override the general principle: Rolls v Whittaker-Rolls, 2006 MBQB 67.
"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.
Other Questions
Is there any case law where a plaintiff has been successful in a mediation? (Manitoba, Canada)
What is the difference between a plaintiff at bar and plaintiff in a personal injury case? (Manitoba, Canada)
Is a common law relationship with a plaintiff who is a plaintiff in a fatal accident action for the purposes of calculating damages? (Manitoba, Canada)
What is the standard of care for a plaintiff in a medical malpractice case? (Manitoba, Canada)
What are the implications of a plaintiff’s new pleadings in a personal injury case? (Manitoba, Canada)
What is the test for consent of a plaintiff in a sexual assault case? (Manitoba, Canada)
Does the absence of an invitation or licence or licence to enter the cemetery by climbing the fence of a private cemetery for a male plaintiff cause the male plaintiff injury? (Manitoba, Canada)
Is there any case law where a plaintiff has been involved in a motor vehicle accident for 11 years? (Manitoba, Canada)
What are the principles to apply in the context of a motion by a plaintiff to have his case considered on the merits of the motion? (Manitoba, Canada)
When will a court grant custody of a 14 year old child to a parent who does not have custody of the child? (Manitoba, Canada)
