Supreme Court

Decision Information

Decision information:

Summary: There was unclear communication between the parties as to whether or not children could be returned to the father without some financial assistance from the father. Failure to communicate in an effective manner created a delay in one week. Applicant applies for solicitor-client costs in the matter. Court found that test for awarding of solicitor-client costs is that an order is made if solicitor's conduct is egregious, reprehensible, interferes with the processes of the court or is a grave abuse of the court's process. Mis-communication in this case did not amount to behavior or inconvenience or abuse warranting order for solicitor-client costs for entire matter. Application for an order to return the children is all that would have been required clear up the misunderstanding.
Decision: No solicitor-client costs orderd. Applicant pays cost of one application made on January 15th. No costs awarded on this application for solicitor client costs.
Subjects: Costs - Orders as to costs - Solicitor and client basis

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