CUSTODY AND ACCESS - Costs - Considerations

Law360 Canada ( October 2, 2018, 9:03 AM EDT) -- Application by the father for trial and appeal costs payable by the mother and her counsel. In a prior related ruling, the Court of Appeal set aside a sole custody order and special costs award in favour of the mother and ordered a new trial. In addition, the Court dismissed a separate Notice of Civil Claim commenced by the mother against the Province and the Director of Child, Family and Community Services. The Court's findings were based on its conclusion that opinion evidence regarding the key issue of whether the father sexually abused the parties' children resulted from a fraud on the Court, as the mother's expert witness mispresented her qualifications and credentials, thereby causing a miscarriage of justice. The father submitted that the failure by the mother and her counsel to vet their witness's credentials justified costs sanctions, payable on a joint and several basis....
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