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
  #1 (permalink)  
Old 12-17-2016, 12:06 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default costs of a motion that goes on consent??

if you file a notice of motion and the opposing party agrees on the terms on consent, should you still not be entitled to your costs of having to bring forward the motion? As in, they would not agree on terms until you filed the notice of motion ?
Reply With Quote
  #2 (permalink)  
Old 12-17-2016, 01:09 PM
Senior Member
 
Join Date: May 2009
Posts: 2,475
dinkyface will become famous soon enough
Default

The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
Reply With Quote
  #3 (permalink)  
Old 12-17-2016, 01:44 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by dinkyface View Post
The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.

Sent from my SM-G935F using Tapatalk
Reply With Quote
  #4 (permalink)  
Old 12-17-2016, 01:45 PM
Banned
 
Join Date: Feb 2016
Posts: 1,681
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by dinkyface View Post
The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
Just so I know for next time. If they don't consent to costs, then the costs would have to be argued?

Sent from my SM-G935F using Tapatalk
Reply With Quote
  #5 (permalink)  
Old 12-17-2016, 06:41 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
The 'consent' also includes your consent to no costs. If you wanted compensation for legal fees, that would have needed to be included in the consent order.
This is not correct. You agree to whatever you agree to - if there is not an agreement on costs, the issue remains live.

Quote:
If they don't consent to costs, then the costs would have to be argued?
Correct. If you have an agreement addressing every issue except for costs then you can go ahead with the motion to address costs of the issue.

Note, however, that most people will only make an agreement if each party bears their own costs for the issue. Some judges expect that to be the case (although there may be costs, depending on the situation).
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
Motion and Costs question Serene Divorce & Family Law 12 04-28-2014 01:34 PM
Notice of Motion, what fun! bringeron Divorce & Family Law 1 01-10-2014 07:20 PM
Evaluating Success of a Motion to determine costs Marcos Divorce & Family Law 11 02-25-2013 03:33 AM
response to costs submissions hadenough Divorce & Family Law 3 11-16-2011 08:47 PM
Motion Procedure Cobourg Divorce & Family Law 0 04-23-2010 09:39 AM


All times are GMT -4. The time now is 12:58 PM.