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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-01-2017, 06:27 PM
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Default Case Law: Self rep receives high costs award

I got excited when I saw that it was a female self-rep who had won and was looking for costs. Tayken is going to like this one...

http://www.canlii.org/en/on/onsc/doc...17onsc725.html

Quote:
[19] I am also satisfied considering the material and detailed analysis produced by Mrs. McMurter, that these were hours spent by her. The rate claimed of $34.35 an hour I find to be woefully inadequate considering the nature and the quality of the work done by Mrs. McMurter, and the benefit of the financial analysis done by Mrs. McMurter in advancing the trial. The quality of Mrs. McMurter’s work was comparable to that of junior counsel in most aspects, and in other more minor aspects was comparable to that of a very experienced law clerk.
She asked for $35 an hour, and the judge decided that it was insufficient...

Quote:
[20] In Izyuk v. Bilousov [2011] O.J. No. 5815 (S.C.J.) Justice A. Pazaratz found that a rate of $100.00 per hour was reasonable for a well prepared self-represented litigant.
Ah, our favourite forum case

I won't spoil it, but suffice to say that this will be tremendous case law for all the self-rep people out there if they win. The case is worth the read.
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Old 02-01-2017, 07:46 PM
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I'm very interested...
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Old 02-01-2017, 07:55 PM
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Excellent!
Thanks for bringing that to our attention. I really liked the judge's remark (on costs decision) that the respondent was an experienced litigant.

Look forward to reading the case...
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Old 02-01-2017, 08:00 PM
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starting to read case now.

"Since the commencement of proceedings between these parties, there have now been over 30 attendances at various enforcement and default hearings in the Ontario Court of Justice (OCJ) in Belleville, Ontario. Belleville,"

this one will be interesting.. or give me hives.
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Old 02-02-2017, 10:07 AM
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I like judges who don't think that only lawyers are "professionals that get paid for their time".

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Old 02-02-2017, 10:26 AM
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I wonder how common this will become now...
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Old 02-02-2017, 10:53 AM
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I think there is much to learn from this case for self-represented. In particular, it is interesting to note that the judge did not award costs for previous case-conferences:

"in family law proceedings, costs are to be assessed after each step in the case as set out in Rule 24 (10). As no costs were awarded by the case conference judge, and as no decision to reserve the costs for determination at a later stage in the case was made, I do not order an award of costs for a case conference after a trial in these circumstances."

So, would this mean that if a person is unhappy with their lawyer and goes on to release them, they should immediately have the lawyer's bill assessed - not wait until after trial? or does this simply mean that costs for case conferences were not awarded because there was no direction to have costs reserved? This is something that could very easily be overlooked.
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Old 02-02-2017, 11:25 AM
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Quote:
Originally Posted by arabian View Post
So, would this mean that if a person is unhappy with their lawyer and goes on to release them, they should immediately have the lawyer's bill assessed - not wait until after trial? or does this simply mean that costs for case conferences were not awarded because there was no direction to have costs reserved? This is something that could very easily be overlooked.
It is something that is overlooked. You should request that costs be reserved for every conference and for costs to be assessed at every motion.

Janus was 100% correct. This is a huge win for self reps and an awesome find.
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Old 07-10-2017, 04:27 PM
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Question: I know this is an old thread, but for a short motion, further to items listed in an application that were not addressed at an uncontested trial, requested to be added to an order, would you request costs?

I requested costs at my uncontested, quoting mcmurter and was awarded $2000 + disbursement as it was pretty cut and dry (basic support, custody).

Minus the missed items (section 7, mobility rights, workplace benefits) and undisclosed financials by court ordered date by my respondent. All to be addressed at my motion
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Old 09-30-2017, 07:44 PM
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Question regarding costs.

Litigation went on 3 years from 2014 to 2017.

All issues were in dispute and subject to resolution upon trial. STBX never sought any negotiation, never made an offer except one before TMC. During those 3 years, she never allowed the children for sleepovers.

At the TMC, she finally agreed to most of my offer on custody and access. She agreed that D9 had sleepovers at my place after all those months. Deeeeeeeee

Then we had a Trial for 3 days on the financial issues. We are still awaiting for the decision.

Now for costs, is it only on the issues at trial? Pertaining on financial issues only?

I am asking as during those three years, STBX had made the process more conflictual over all and single issues.
1- She had made false allegations to win temporary custody of the children and to expulse me from the house.
2- Then she acted like a "gatekeeper" during 2,5 years.
3- She continued until the TMC with her false allegations of abuse and domestic violence.
4- She finally made partial financial disclosure less than 7 days prior to trial, which is not as per family law rules.
5- At trial, she lied several time and all was brought to justice with evidence before him as I was questioning her.
6- I demonstrated how unreasonable she was in negotiating the share of the equity of the house. I prove the justice that she would not communicate on any issues and that she was acting alone on all decisions related to the matrimonial home. For instance, she did the appraisal without letting me know and had refused to get me involve in the process.
7- She denied in front of the judge that she had made a call to the school to restrain my access with the children. (This is after I had requested the police report to be admitted as evidence and asking her to read it before I raise my questions toward this exhibit). Hope the judge will catch this bs.
8- she tried to hide money by stating that one account was a joint account with her father and only half of it was showing in the financial statement. Most of what is CCB. (suspicious, that same account wasn't split in half at the date of marriage... hummm bad faith).

Thanks for your inputs. (I will eventually put more details on my own thread on the outcomes of our TMC minutes of settlement and our 3 days Trial).
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