Originally posted by Links17
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A few more points:
-It is the judge's discretion (same criteria a SS)
-It is for costs to be incurred (not already PAID)
IF you can easily pay your costs then maybe not
You can also ask for a global sum btw - a lump sum amount you might need to buy a new place to live or any other need....
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Originally posted by Links17 View PostThe rules are pretty different....
In Quebec, the wealthier party will generally always pay the legal costs of the poorer party EVEN though there is no fault (i.e: unreasonable behaviour in settling etc....).
If one of the parties is being unreasonable that FURTHER encourages the payment (or non-payment) of costs.
Just the fact there is an income or asset disparity will entitle you to costs. The costs can be anything including experts. In Quebec this is called "Provision for Costs". The idea is that justice shouldn't be at the end of the dollar.
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Originally posted by stripes View PostI know very little about this - but my instinct is that you need to document the dollars and cents that you spend because he was being a ^!%#!. How much did the CC cost you? How much did the lawyer's letters with offers to settle cost you? How much have you paid out of pocket to lawyers because he either wouldn't negotiate or wouldn't adhere to the agreements he signed? How much has it cost you to get to this point where you're going to court?
If you're seeking costs, I don't think the criminal record and documentation of him being an ass (the "why" of his behavior) really matters much. The question is "did you end up spending money which would not have been spent if he had negotiated and stuck with his agreement?". Stick with the "what happened" rather than "why it happened". Of course, I am a random stranger on the internet and may be completely wrong about this.
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The rules are pretty different....
In Quebec, the wealthier party will generally always pay the legal costs of the poorer party EVEN though there is no fault (i.e: unreasonable behaviour in settling etc....).
If one of the parties is being unreasonable that FURTHER encourages the payment (or non-payment) of costs.
Just the fact there is an income or asset disparity will entitle you to costs. The costs can be anything including experts. In Quebec this is called "Provision for Costs". The idea is that justice shouldn't be at the end of the dollar.
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Originally posted by Links17 View PostAre you in Qc or Ontario?
I thought you were referring to the domestic abuse.
I have read cases where abusive conduct has entitled people to extended SS that even includes situations where the spouse was so broken up over the divorce they couldnt work due to depression....
Btw, very sorry to hear about the abuse, breaks my heart actually.
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I know very little about this - but my instinct is that you need to document the dollars and cents that you spend because he was being a ^!%#!. How much did the CC cost you? How much did the lawyer's letters with offers to settle cost you? How much have you paid out of pocket to lawyers because he either wouldn't negotiate or wouldn't adhere to the agreements he signed? How much has it cost you to get to this point where you're going to court?
If you're seeking costs, I don't think the criminal record and documentation of him being an ass (the "why" of his behavior) really matters much. The question is "did you end up spending money which would not have been spent if he had negotiated and stuck with his agreement?". Stick with the "what happened" rather than "why it happened". Of course, I am a random stranger on the internet and may be completely wrong about this.
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Are you in Qc or Ontario?
My question is this: although Canadian Family law is no fault, will the judge take into account the consequences of 'said fault'?
I have read cases where abusive conduct has entitled people to extended SS that even includes situations where the spouse was so broken up over the divorce they couldnt work due to depression....
Btw, very sorry to hear about the abuse, breaks my heart actually.
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Originally posted by Berner_Faith View PostI just want to add, costs would only be awarded if he is being unreasonable. If his restrictions state he cannot contact you is writing or any other way, the costs you are forced to pay doesn't automatically mean he would be responsible for them. The criminal case has little to do with the family law case unfortunately. You choosing to use a lawyer is your decision, as there is always the option to self rep, which would save you costs, but by all means if he is being unreasonable and not negotiating between the lawyers, seek costs. You can't get awarded costs without asking for them.
He is more than likely very upset at the outcome of the criminal case, so he is not negotiating, If that is the case, ask for costs and you may stand a good chance at getting some of those costs back, if your offers were reasonable and a Judge awards similar to what your offers stated.
My offers to settle were reasonable - I suspect his lawyer knows this but sees potential $$$ dealing with a HC client. With the amount of animosity involved there won't be anything left by the time we go to court. I'm really fed up!!
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I just want to add, costs would only be awarded if he is being unreasonable. If his restrictions state he cannot contact you is writing or any other way, the costs you are forced to pay doesn't automatically mean he would be responsible for them. The criminal case has little to do with the family law case unfortunately. You choosing to use a lawyer is your decision, as there is always the option to self rep, which would save you costs, but by all means if he is being unreasonable and not negotiating between the lawyers, seek costs. You can't get awarded costs without asking for them.
He is more than likely very upset at the outcome of the criminal case, so he is not negotiating, If that is the case, ask for costs and you may stand a good chance at getting some of those costs back, if your offers were reasonable and a Judge awards similar to what your offers stated.
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Originally posted by DowntroddenDad View PostMy ex decided to do everything through her lawyer for a while, so I began making offers directly to her lawyer via email.
You need to document every offer you have made to be presented to the court. If they are close to the guideline amounts, then there would be a very good chance you will get costs.
Was SS awarded by a court order?
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Originally posted by stripes View PostDTD is correct - the "no fault" refers only to the reason for the divorce, i.e. you don't have to show that the other party is guilty of some transgression in order to get a divorce, you just have to show that you have been separated for a year (technically you still can request that the court grant you a divorce because of a "fault" of your spouse - adultery or cruelty - but only 5% of divorces go this way, because the one-year-separation route is generally much cleaner and easier).
"No fault" doesn't mean you can do all kinds of stupid things and get away without consequences. So if your ex has been stonewalling, refusing to negotiate, or otherwise running up expenses and being a jerk, by all means seek costs from him (properly documented, of course).
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Originally posted by Janibel View PostHis probation conditions are very strict, he cannot e-mail, write to me, telephone or send smoke signals - so can only negotiate via his lawyer. Although I may do so and have attempted to settle with him directly with many written offers to settle, nothing positive came of it.
So far he has delayed, made egregious claims and is disregarding court orders. He is also in arrears concerning SS. There seems to be no other option but going to court.
You need to document every offer you have made to be presented to the court. If they are close to the guideline amounts, then there would be a very good chance you will get costs.
Was SS awarded by a court order?
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Originally posted by DowntroddenDad View PostDivorce is no fault from a perspective of causation. But as for going to trial, yes parties that delay, refuse to settle, make stupid motions bound to fail can be assessed costs, and that is a "fault" that is taken into account. You still need to ask for costs and demonstrate them.
Does the restraining order prevent you from corresponding by letter or email? I didn't see my ex for a year, and we did all of our negotiating by email.
So far he has delayed, made egregious claims and is disregarding court orders. He is also in arrears concerning SS. There seems to be no other option but going to court.
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DTD is correct - the "no fault" refers only to the reason for the divorce, i.e. you don't have to show that the other party is guilty of some transgression in order to get a divorce, you just have to show that you have been separated for a year (technically you still can request that the court grant you a divorce because of a "fault" of your spouse - adultery or cruelty - but only 5% of divorces go this way, because the one-year-separation route is generally much cleaner and easier).
"No fault" doesn't mean you can do all kinds of stupid things and get away without consequences. So if your ex has been stonewalling, refusing to negotiate, or otherwise running up expenses and being a jerk, by all means seek costs from him (properly documented, of course).
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