Recent case law: Costs awarded against lawyer for bringing ex parte motion
Justice Campbell relies on Rule 24 of the Family Law Rules to make the costs order and notes, with respect to the duty of lawyers to ensure their clients are telling them the truth:
Advocates must closely guard their representations to the court to ensure that those assertions are accurate, fair and without embellishment, overstatement or exaggeration. While, as the case law indicates, lawyers must discharge their obligation to their clients’ cause with vigour and without fear or favour, they remain officers of the court.
The mother’s lawyers were ordered to pay $13,000 to the husband as well as to pay the costs of the motion itself.