“With respect to the issue that the mother is on legal aid, the Court is governed by s. 46(1) of the Legal Aid Services Act, 1998, S.O. 1998, c. 26, which states that:
The costs awarded in any order made in favour of an individual who has received legal aid services are recoverable in the same manner and to the same extent as though awarded to an individual who has not received legal aid services.
As set out in Ramcharitar v. Ramcharitar, (2002) 2002 CanLII 53246 (ON SC), 62 O.R. (3d) 107 (S.C.), the Court must treat the legally aided client the same as a client who is paying for his/her services. At para. 25, the Court found:
[T]he party paying the costs simply pays the same amount as they would if the client were not legally aided. In fact, to hold otherwise would grant an inadvertent windfall to the party fortunate enough to only have to pay costs to an opposing party on Legal Aid, since the rates would be accordingly reduced.”