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Trial Costs/Fees?

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  • #16
    Originally posted by tmac View Post
    the ex is using legal aid
    it actually more minus than plus.

    1. Legal AID lawyers required to pursue cost. So your ex can not tell him ok just drop it.

    2. Cost awarded against legal AID client is responsibility of the client.

    3. Cost awarded to legal AID client is property of the Legal AID.
    (Legal AID tariff book, chapter 6 if my memory still sharp)

    I am not sure why you mentioned Legal AID but here you are


    • #17
      The following - I hope can be followed but it describes a spouse who refuses to negotiate or even accept any attempt to settle using the existing laws we have today.

      As I digested what is the reality to those who have posted , when it comes to just getting things settled I knew the costs were high but I never dreamed........ - naivety showing thru again. Raising issues which are reasonably set out and clearly defined in the Family Law Act and a spouse that just blindly force things to keep on going, perhaps too far, parhaps all the way to the full blown trial can cause costs to skyrocket as indicated here. A spouse who in thier own right truely believes in the entrenched position they have taken and has chosen to self represent, thus keeping costs on their side to a minum is their right.

      Question now is in the situation above where one side has elected (for reason or necessity) to be represented can see their legal fees rise to the point there is no money left. In the system we have today is there or are there a few safeguards in place as the process develops, perhaps at a case conference or a motion or....... whatever step that would see things get in front of a judge?

      Is it possible a judge would point out to the self reped spouse that they are indeed choosing a path that can be seen as a blantant attempt to bankrupt the other and should this spouse elect to continue they would face having to cover all/most of the costs borne by both..... not only at the final trial (heaven for bid it would even get that far) but also along the way leading up to that point. That point perhaps being marked by a very reasonable offer to settle - not pushing to break new ground in Ontario Law but an offer based on what is clearly set out in say the Ontario family law act??


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