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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 10-11-2017, 10:00 AM
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Default Costs over entire matter

Good morning community,

I have some questions about costs please. My matter has been a long and litigious one with many motions.

I have been awarded costs on several. There were no cost awards on some, and in only two instances I was ordered to pay costs. This over 4 years.

STBX's lawyer is now labeling me as "veracious" and looking to recoup costs at trial for the entire matter (over four years).

A review of every Justice's endorsement in the matter regarding costs would show that costs were awarded to me several times, and in many cases no costs were awarded. Would this be the basis of my submissions in this regard ? I could also go on the offensive here.

STBX's lawyer making a ton of money. Either way they get paid at the expense of my children.
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Old 10-11-2017, 02:26 PM
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A review of the Rules tells me that STBX's lawyer is full of beans. Rule 24.
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Old 10-11-2017, 02:39 PM
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That's my guess too.

Perhaps your costs award vs ex's costs award cancel each other out somewhat?

I'm interested in a more official answer on this as well.
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Old 10-11-2017, 03:10 PM
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Since there are more sentences and statements than specific questions, I will make the following observations and hope it provides sufficient answer:

- costs are to be dealt with at each step (citation: https://www.canlii.org/en/on/laws/re...#sec24subsec10 )

- if no costs were set for a step then there is no cost for that step (citation: http://canlii.ca/t/1sw99 at paragraph 2)

- if costs were incurred for a step in the case then your request for costs is based on what you have incurred; for example, if the legal fees for drafting an Application were $1,000 then that would be a part of cost submissions after the trial.
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Old 10-11-2017, 04:00 PM
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Unless you see something like "costs in the cause" or "costs reserved" in endorsements already in the record, then you don't have to worry about paying for anything to date.

If the matter goes to a trial and you lose, then you may be looking at costs they incurred to argue the trial. They hardly recover full costs. Same goes for her if you win.

My ex's lawyer bluffed about costs all the time and eventually gave up and came off the file.
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