Although common in matrimonial court cases, it is a rare phenomenon for legal costs to be awarded against the Children’s Aid Society in child welfare cases. This is because in order to protect children, the children’s aid societies must be able to do its work without the threat of costs hanging over their heads. So when an order of costs is made, it means that things really went off the rails.
I recently obtained a rare judgment ordering the Catholic Children’s Aid Society to pay partial legal costs at the end of a trial. The decision is an interesting statement about the law of costs in child welfare proceedings and the duties of a Children’s Aid Society. If you have the patience (it is long), feel free to read the decision here.