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 01-25-2017, 01:17 PM
Senior Member
 
Join Date: Nov 2016
Posts: 160
Tatyana K is on a distinguished road
Default

yes, for sure, have no intentions to claims costs for other things...I am fare this way...does anyone know if lawyer's time at such meeting about cost submissions can be claimed as part of costs for this ocl motion? sorry, i just did not do any research YET and have no desire to ask my lawyer for $$ about it , but I will do research later. I decided I will go with lawyer, this is first time it happens , everything that happened to me before was $$$$$ of dollars spent and then mutual agreement on consent without costs..so I will report the outcome of what I got this time once the date comes
Reply With Quote
  #12 (permalink)  
Old 01-25-2017, 01:22 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,489
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Tatyana K View Post
yes, for sure, have no intentions to claims costs for other things...I am fare this way...does anyone know if lawyer's time at such meeting about cost submissions can be claimed as part of costs for this ocl motion? sorry, i just did not do any research YET and have no desire to ask my lawyer for $$ about it , but I will do research later. I decided I will go with lawyer, this is first time it happens , everything that happened to me before was $$$$$ of dollars spent and then mutual agreement on consent without costs..so I will report the outcome of what I got this time once the date comes
Make an offer to settle on the costs. Just ask your lawyer to put together their costs for the elements only pertaining to the OCL stuff.

It should have only taken your lawyer the court time + maybe 4 hours of additional prep. time to address something so easy to defeat. Court time should be only the time spent addressing the OCL stuff and not the entire motion. So it should be based on a proportion of time spent. So if 30% of the matter address was OCL then it should only reflect the costs for the 30% of the lawyers time.

For example, for three of the cited cases to the main one I provided from Pazaratz I have seen their costs orders as I pulled them from the record in the past. The successful parties in those matters were awarded between 1500 to 2150 + HST and disbursements.

Good Luck!
Tayken
Reply With Quote
  #13 (permalink)  
Old 01-25-2017, 01:26 PM
Senior Member
 
Join Date: Nov 2016
Posts: 160
Tatyana K is on a distinguished road
Default

thank you, I trust my lawyer who will honestly submit expense only for time spent on OCL, will all that being said I spent 1300 only for court date for 1 hour hearing...waited for 3 hours before they decide to listen to my motion which was only one hour....how fair is it to torture people like that and spent hundreds dollars for nothing!!! I honestly thing this whole system is awful! So, all together, I think I spent 4 K....for nothing..OCl motion without grounds.
Reply With Quote
  #14 (permalink)  
Old 01-25-2017, 01:26 PM
Senior Member
 
Join Date: Nov 2016
Posts: 160
Tatyana K is on a distinguished road
Default

does everyone face it, you come for a scheduled time and then wait for hours!
Reply With Quote
  #15 (permalink)  
Old 01-25-2017, 01:44 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,489
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Tatyana K View Post
does everyone face it, you come for a scheduled time and then wait for hours!
In the military they call it "hurry up and wait".
Reply With Quote
  #16 (permalink)  
Old 01-25-2017, 01:45 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,489
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Tatyana K View Post
thank you, I trust my lawyer who will honestly submit expense only for time spent on OCL, will all that being said I spent 1300 only for court date for 1 hour hearing...waited for 3 hours before they decide to listen to my motion which was only one hour....how fair is it to torture people like that and spent hundreds dollars for nothing!!! I honestly thing this whole system is awful! So, all together, I think I spent 4 K....for nothing..OCl motion without grounds.
A reasonable request would be 30% of that cost unless the OCL was the only thing that was addressed and then you could request the full 4K but, expect only to get in the range I cited.

Unfortunately, OCL/Section 30 matters are hard to settle without the court's assistance. So, the judges are not too heavy handed with the costs orders on these kinds of motions. They generally don't come with a "bad faith" finding and are partial awards.

Good Luck!
Tayken
Reply With Quote
  #17 (permalink)  
Old 01-25-2017, 01:46 PM
Senior Member
 
Join Date: Nov 2016
Posts: 160
Tatyana K is on a distinguished road
Default

I spent 11 K , I think 4 K is reasonable, this is just for OCL
Reply With Quote
  #18 (permalink)  
Old 01-25-2017, 10:33 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,560
trinton has a little shameless behaviour in the past
Default

If the judge has asked for you guys to discuss costs, then it should be discussed and dealt with. Just be aware that they can ask to have costs reserved to be dealt with after the final hearing. Or in the cause, meaning you will only get your costs if you win the case.

Was there any parts of the motion that went in his favor ?
Reply With Quote
  #19 (permalink)  
Old 01-25-2017, 10:40 PM
Senior Member
 
Join Date: Nov 2016
Posts: 160
Tatyana K is on a distinguished road
Default

motion was only about ocl, so I won 100 %. this judge knows history of litigation and my financial hardship, so I hope I will get something there and not in the end but we will see
Reply With Quote
  #20 (permalink)  
Old 01-26-2017, 12:31 AM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,560
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Tatyana K View Post
motion was only about ocl, so I won 100 %. this judge knows history of litigation and my financial hardship, so I hope I will get something there and not in the end but we will see
cool let us know how it goes
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
LEGAL AID gone wild MrToronto Political Issues 25 06-10-2014 10:49 AM
preparing response to cost submission sillz Divorce & Family Law 1 08-08-2013 01:34 AM
Procedural Help LV McBroke Divorce & Family Law 5 01-22-2007 10:02 AM
Legal Aid serrona Divorce & Family Law 1 10-27-2006 07:00 PM
Cost of a motion or a variance brokendad Financial Issues 4 04-01-2006 10:21 PM


All times are GMT -4. The time now is 06:43 PM.