Following a one-day Trial, the Applicants, a child’s grandparents, obtained a Contact Order over the objections of the Respondents, the child’s mother and guardian. As the successful party, the Applicants sought Costs.

The Court made note of Rules 10.29, 10.31, and 10.33, and the general principles that the successful party is presumptively entitled to Costs, the determination of Costs is inherently discretionary, and the consideration for a Costs award are set out in Rule 10.33. After considering the relevant factual circumstances, including that: (1) the mother was a single mother receiving social assistance; (2) the imposition of Costs on the mother would adversely affect her ability to provide for the child; and (3) Costs would further exacerbate the bad blood between the parties, Justice Mah concluded that the parties would bear their own Costs.