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Trial Costs/Fees?

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  • ddol1
    replied
    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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  • WorkingDAD
    replied
    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

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  • tmac
    replied
    the ex is using legal aid

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  • WorkingDAD
    replied
    Originally posted by #1StepMom View Post
    So are these "fees" solely the costs paid to your lawyer? What if you're self representing? Are there trial fees then too?
    cost is mainly is lawyers fee. If you self rep you still have cost. Preparing documents (and it's not some change - it can easily total hundreds of dollars), transport, day offs from work and so on so on...

    + you may be ordered to pay cost (other side cost)

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  • tmac
    replied
    good question stepmom, any idea. I am representing myself right now

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  • sava123
    replied
    Usually lawyer charge $2,500 - $5,000 per day (look at your signed contract with lawyer) + time to get ready for trial ( in most cases: 1 trail day= 1 day preparation). Be aware that losing party may be ordered to pay cost (that may include not only trail and preparation it self but some steps during litigation - offers andt etc)

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  • kelly
    replied
    How did the uncontested trial go? I have sought one for my situation and it was granted for next week..what can I expect?

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  • #1StepMom
    replied
    So are these "fees" solely the costs paid to your lawyer? What if you're self representing? Are there trial fees then too?

    Leave a comment:


  • representingself
    replied
    Originally posted by independentgal View Post
    Mine is an uncontested trial with only me submitting evidence. My case is more complex than most. It is going to be $20,000.00 if it only lasts another half day. I have been in the courtroom for a half day already.

    I also have incurred legal fees of over $115,000.00 up to that point.
    OMG.... That's freakin' INSANE.....
    I'm going to LAW SCHOOL......

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  • independentgal
    replied
    Sorry. I just wanted to say that the federal government pays Superior Court Judges salaries.
    Last edited by independentgal; 09-27-2009, 09:19 PM. Reason: more info

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  • Suchislife
    replied
    When my husband wanted to go to trial to force an ending to a never ending equalization payment debate his lawyer estimated a day & a half.
    This was just to settle property issues that were NOT complex.
    She wanted $17 000 up front.
    Costs ordered to be sorted after the Judges decision on that.
    This was with a fairly inexpensive lawyer of only $175/hr.

    Leave a comment:


  • #1StepMom
    replied
    Frustrated, that is correct. There has already been a case and settlement conference on the issue.

    Edward, do both parties pay? Is the trial fee split between both?

    I cannot find any information on trial fees anywhere.

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  • frustrated11
    replied
    this is not the actual motion this is a trial after the motions?

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  • Edward
    replied
    One time simple trial like that would not be more than 2-3 G's. I know someone in BC paid $3000 for 6 hours a day.

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  • #1StepMom
    replied
    Originally posted by Edward View Post
    It depends on how much you are going to dicker over everything. The longer it takes the more you have to pay. It could be anywhere from $5000 to $30 000
    Let's say... an hour? Any thoughts?

    It's only one issue going to trial - child support.

    The recipient wants increases with every income increase, but won't allow decreases with income decreases. Unable to afford payments at amounts significantly higher than the table amount for his actual income, the payor falls behind on payments.

    The payor wants to abide by the guidelines and follow ONE method of calculating, a method that will take account both income increases and decreases.

    It's pretty simple... so it seems.

    Leave a comment:

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