Costs for self representing

[gamma]

Can you ask for costs in a settlement offer or minutes of settlement?

[Janus]

You can certainly ask for costs. However, such a request likely reduces the probability of your offer getting accepted. Judges rarely allow for costs on accepted offers to settle, because it is hard to figure out who "won".

Unless your costs are over $50,000 or so, I would just suck it up and not ask for costs in your settlement offer. In fact, even if your costs are over $50k, I still would not ask for costs in a settlement offer. Make the offer to settle, and then get costs if it goes to trial.

[gamma]

Thank you! That's about my line of thinking.

If we do a minutes of settlement, would a judge ask about costs at the time? Or is that only after trial?

[Janus]

If you don't ask for costs, then you do not get costs.

If you go to trial, ask for costs. If you are settling, and you are self-represented, then you can easily afford not to ask for costs, so do not ask for costs.

[Janus]

For your consideration:

http://canlii.ca/t/htnvk

[4] The applicant submits that since this was a negotiated settlement, the court should not make any order with respect to costs because it has no or limited ability to do so.

[9] Therefore based on the reasoning in the Ball case, I decline to make any order with respect to costs.

[gamma]

Again, thank you. We are more then happy to just have a settlement. Our concern was that the applicant's lawyer knowing more then us, would be asking for costs if and when we do reach an agreement.

We are grandparents raising our grand-daughter. We have been at this since her birth in 2008. Back then we had a lawyer to gain custody, when this began again 3 years ago, we decided to self represent. We have struggled and don't want any further surprises.