Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 03-23-2014, 05:50 PM
Senior Member
 
Join Date: Aug 2013
Posts: 145
annapurna66 is on a distinguished road
Default

Somethingelse...I think that you are correct in your thinking. That would make sense to me. I suppose, therefore, that if you settle before going to trial (or motion) and have not asked for costs to be reserved...no one is on the hook for anyone else's legal fees. On a different note...I have a question about contempt motions...do you think I could pm you?
Reply With Quote
  #12 (permalink)  
Old 03-24-2014, 03:51 PM
Senior Member
 
Join Date: Jan 2012
Location: Ottawa, ON
Posts: 994
FightingForFamily will become famous soon enough
Default

Costs aren't ordered for conferences very often because orders that result from conferences are either on consent, or procedural (ie disclosure).

I have however seen that sometimes costs are "reserved" in cases of unreasonable behaviour.
Reply With Quote
  #13 (permalink)  
Old 03-24-2014, 05:09 PM
Senior Member
 
Join Date: Nov 2011
Posts: 274
mememe is on a distinguished road
Default

Thank you for the dialogue. I am going to look up the case and try to understand costs reserved etc. I can't add anything as we have already sent our stuff off to them. HMMMM lots to do, know and understand.
Reply With Quote
  #14 (permalink)  
Old 03-24-2014, 05:52 PM
Senior Member
 
Join Date: Oct 2011
Posts: 509
sahibjee is on a distinguished road
Default

Quote:
Originally Posted by Moon View Post
Isn't conference free?
lol what? you better not get divorced!
Reply With Quote
  #15 (permalink)  
Old 03-24-2014, 07:28 PM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by mememe View Post
Thank you for the dialogue. I am going to look up the case and try to understand costs reserved etc. I can't add anything as we have already sent our stuff off to them. HMMMM lots to do, know and understand.
I wish I could answer this better for you - but, what I know is that my ex hasn't shown up to any court appearance prepared. And there has never been any costs award against him in any stage. Now I'm self-repped, and there seems to be an opinion from the opposing counsel that as a self-repper, I have no costs, but that isn't true at all. I've got process servers, travel expenses, not to mention the 5 days of vacation time that Ive had to use to get this taken care of.

I for one would like to see the unprepared party given something to pay for wasting everyone's time, especially mine.
Reply With Quote
  #16 (permalink)  
Old 03-24-2014, 07:31 PM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by FightingForFamily View Post
Costs aren't ordered for conferences very often because orders that result from conferences are either on consent, or procedural (ie disclosure).

I have however seen that sometimes costs are "reserved" in cases of unreasonable behaviour.
Yes, but by the time we're at conference shouldn't necessary disclosure already be made? ie, the typical documents as part of the motion, or response to motion.

If procedural orders are made for litigants to disclose what they're already obligated to disclose, shouldn't that warrant costs?

The only time I've seen my ex dinged for costs wasn't even in my litigation, but with the mother of his other child. The ex was ordered to pay costs for eventually withdrawing a contempt motion. It was a paltry sum, but, it was awarded nonetheless.
Reply With Quote
  #17 (permalink)  
Old 03-25-2014, 10:10 AM
Senior Member
 
Join Date: Jan 2012
Location: Ottawa, ON
Posts: 994
FightingForFamily will become famous soon enough
Default

Quote:
Originally Posted by MS Mom View Post
Yes, but by the time we're at conference shouldn't necessary disclosure already be made? ie, the typical documents as part of the motion, or response to motion.

If procedural orders are made for litigants to disclose what they're already obligated to disclose, shouldn't that warrant costs?

The only time I've seen my ex dinged for costs wasn't even in my litigation, but with the mother of his other child. The ex was ordered to pay costs for eventually withdrawing a contempt motion. It was a paltry sum, but, it was awarded nonetheless.
Lots of "shoulds" in your post. Absolutely, doesn't mean unreasonable litigants will ever do ANYTHING they are supposed to, including paying costs if they should be awarded against them.

The case I'm talking about with costs reserved was when the respondent showed up with no lawyer, no brief, no paperwork and no idea what they were supposed to do. The judge tore a strip off the respondent but gave them another 30 days to get their paperwork in order and reserved costs for the next appearance. The applicant was hoping for uncontested trial since the respondent had refused to participate in the court process until that day.

Not surprisingly the respondent decided to settle before the next appearance so costs were never ordered.
Reply With Quote
  #18 (permalink)  
Old 03-25-2014, 06:34 PM
Senior Member
 
Join Date: Aug 2013
Posts: 1,151
MS Mom is on a distinguished road
Default

Quote:
Originally Posted by FightingForFamily View Post
Lots of "shoulds" in your post. Absolutely, doesn't mean unreasonable litigants will ever do ANYTHING they are supposed to, including paying costs if they should be awarded against them.

The case I'm talking about with costs reserved was when the respondent showed up with no lawyer, no brief, no paperwork and no idea what they were supposed to do. The judge tore a strip off the respondent but gave them another 30 days to get their paperwork in order and reserved costs for the next appearance. The applicant was hoping for uncontested trial since the respondent had refused to participate in the court process until that day.

Not surprisingly the respondent decided to settle before the next appearance so costs were never ordered.
Were costs mentioned in the Offer to Settle that was accepted by the other party? Mine always say "each party to be responsible for their own costs".

These cases would move at a much faster pace if respondents like the one you mention, were ordered to pay costs at the conference they were unprepared for....instead of "reserving judgment" until they screw up a second time.
Reply With Quote
  #19 (permalink)  
Old 03-25-2014, 08:39 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,960
arabian will become famous soon enough
Default

I'm hoping the judge we have will insist on a security for costs be paid into court. I've heard that is a good deterrent. Anyone else have experience with this?
Reply With Quote
  #20 (permalink)  
Old 03-26-2014, 11:08 AM
Member
 
Join Date: Oct 2012
Posts: 36
sunnyday123 is on a distinguished road
Default

I have just had a case conference, spent about 8 hours at the Cour and everything the other party answered to various proposals was "not". The "not" was even given for child support. The judge decided to put the matter on a motion list. I asked for costs and the judge said he will not order costs. The rules are not always applied, it starts with sending and filing documents; they commit a lor of errors and after that, they just tell you "you should speak with a judge". When you arrive in front of a judge, you hear "I didn't have time to read the factum".
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Case Conference Costs Knave Divorce & Family Law 1 11-06-2013 09:29 AM
making cost submission -self repd what do I include Ace Financial Issues 12 12-17-2012 12:27 PM
"Don't Panic" - What Defines Urgency Before the Court? Tayken Reference 85 11-13-2012 11:08 PM
UK dad being crippled by maintenance plus huge travel costs. Help! UKdad Divorce & Family Law 7 09-01-2009 09:26 PM
Legal Aid serrona Divorce & Family Law 1 10-27-2006 08:00 PM


All times are GMT -4. The time now is 01:42 AM.