Pottinger and Bainton (Costs)

This matter concerned an application for costs following substantive proceedings between the father and the mother, with the Independent Children’s Lawyer also seeking costs. The proceedings were determined by Justice Rose.

The court was required to determine the appropriate orders for the costs of the substantive proceedings, considering the contributions of each party to the litigation and the role of the Independent Children’s Lawyer. Specifically, the court had to decide how the costs of the mother and the Independent Children’s Lawyer should be allocated between the father and the mother.

Justice Rose ordered that the father pay one-third of the mother's costs of the substantive proceedings on a party-party basis. Furthermore, the father was ordered to pay two-thirds of the costs sought by the Independent Children’s Lawyer, while the mother was ordered to pay the remaining one-third of those costs. All other applications for costs were dismissed, and the proceedings were removed from the Active Pending Cases List.