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  • Costs - necessarily decided in front of judge?

    I had my first motion and won. They started the motion asking for about 25K arrears plus $1600 monthly support, and an order for disclosure.

    The judge said their motion was way too complicated, said they'd have to do a long motion if they wanted. Given that, the judge decided on an order for temporary SS/CS from that time moving forward, and did not decide on anything else.

    Judge ordered $850 (based on 2012 incomes) in support starting the next month to end of year and to update it based on our incomes Jan 1 every year. This was a great judgement and what I have always been doing - makes sense to me. Yay I won!

    They had 'officially' offered a settlement which was the same as the orders they were seeking (see above).

    I didn't make an official offer according to the rules, as it was clear in numerous emails that I was following our agreements in place and that it resulted in $800/month support now, updating yearly in July based on incomes. I said explicitly that I would pay this amount, and have been doing it for 6 years (ie paying based on our incomes and updating yearly).

    The judge also ordered that costs submission can be done in 10 days for them, 20 for me. Today is day 10, I received their submissions - they say they won and and I should pay total of $10K. Its like dealing with a robot. There is no way they won in any way. I would have paid more to my ex had she not done the motion. And I would have and did agree to all their disclosure requests.

    I will submit my reply (which I will ask for my self represented costs).

    Any thoughts on this?

    Also, does this mean there will be a court date again and we appear in front of the judge, or will the judge decide based on the submissions?

    Would it necessarily be the same judge?
    Last edited by billm; 09-20-2013, 12:23 PM.

  • #2
    does this mean there will be a court date again and we appear in front of the judge, or will the judge decide based on the submissions?

    Would it necessarily be the same judge?
    The same judge will decide the cost award, based entirely on written submissions.

    Comment


    • #3
      Originally posted by OrleansLawyer View Post
      The same judge will decide the cost award, based entirely on written submissions.
      Do you think there is bias because I didn't spend money on a lawyer and she did - meaning that if we both spent 10K on lawyers, the judge would be less likely to award costs then compared to if only one side spends money on lawyers and has out of pocket costs when the other doesn't.

      The judge did mention at one point that it was costing my ex to wait and not me (wait to see if the judge had any question). That comment disturbed me a little.
      Last edited by billm; 09-20-2013, 01:29 PM.

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      • #4
        Do you think there is bias because I didn't spend money on a lawyer and she did
        No. The court will first determine an entitlement to costs; then the quantum.

        Comment


        • #5
          Izyuk v. Bilousov, 2011 ONSC 7476

          A superior court decision regarding the costs of self-represented litigants. Beautiful.

          Comment


          • #6
            The judge asked for cost submissions on a recent motion

            I was served cost submissions by my ex.

            Are cost submission served like other documents?

            Do I have to serve it to the other party?

            Do I have to file it in the continuing record? How do I get it to the judge?

            Comment


            • #7
              Are cost submission served like other documents?
              Yes.

              Do I have to serve it to the other party?
              Of course.

              A big hint: they served you with theirs.

              Do I have to file it in the continuing record? How do I get it to the judge?
              Send it to the trial coordinator. Better yet, call the TC first and confirm that is what you should do; it may be different by jurisdiction.

              Comment

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