Costs in Family Law
In order to encourage and promote a just expeditious outcome between the parties in a matrimonial matter, the Family Law Rules penalize a party for being uncooperative during the course of the litigation and for being the unsuccessful party in court.
As Rule 24(1) of the Family Law Rules states:
“There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case, or appeal. O. Reg. 114/99, r. 24 (1).”
However, Rule 24(4) lends some relief to an unsuccessful party that has dealt with an unreasonable party:
“Despite subrule (1), a successful party who has behaved unreasonably during a case may be deprived of all or part of the party’s own costs or ordered to pay all or part of the unsuccessful party’s costs. O. Reg. 114/99, r. 24 (4).”
The Court will look at specific factors when ruling on costs. As the Family Law Rules state in Rule 24(5):
“In deciding whether a party has behaved reasonably or unreasonably, the court shall examine,
- The party’s behaviour in relation to the issues from the time they arose, including whether the party made an offer to settle;
- The reasonableness of any offer the party made; and,
- Any offer the party withdrew or failed to accept. O. Reg. 114/99, r. 24 (5).”
The Family Law Rules do take into account a scenario whereby the actions resulting in a high costs bill were on account of the party’s lawyer. In such a case, “the court may, on motion or on its own initiative, after giving the lawyer or agent an opportunity to be heard,
- Order that the lawyer or agent shall not charge the client fees or disbursements for work specified in the order, and order the lawyer or agent to repay money that the client has already paid toward costs;
- Order the lawyer or agent to repay the client any costs that the client has been ordered to pay another party;
- Order the lawyer or agent personally to pay the costs of any party; and,
- Order that a copy of an order under this subrule be given to the client. O. Reg. 114/99, r. 24(9)."
To learn more about costs in family law as well as the services provided by Krol & Krol, call 905.707.3370 today.
