There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal (Ontario Family Law Rules, R. 24(1)). There is, however, no such presumption for costs in a child protection case (Rule 24(2)). Does that mean that a successful parent can never obtain a costs order against a children's aid society? Let us delve a little further.
Child welfare agencies have a fairly light onus on them when it comes to analyzing whether or not they were justified in effecting an apprehension of children from their parents' care. (But at least there is some degree of onus on them.) Despite the fairly easy test that they must pass, there are still some occasions where the courts will step in and sanction a children's aid society. Cree Nation and Family Caring Agency v. L.(R.) is thankfully one of those cases.