An unpaid costs award is like any debt, it can be enforced against any assets you have in Ontario. This includes bank accounts, investments, and real estate.
A cost award of $2,000 is rarely worth the effort. But after a trial the costs award could be significant.
Take a reasonable settlement position to reduce your risk.
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Protecting assets from cost order
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I have also seen (rarely) a Certificate of Pending Litigation registered against assets. but I believe there would have to be after a history of non-payment or hiding financial disclosure.
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Originally posted by Tayken View PostUnless a judge makes an order for the portion of those costs to be collected through FRO due to child support.
One side also gets to use legal fees as a tax deduction, but not the other.
Correct, there is no easy way to collect costs from someone who owes it. The best is what happened in WD's case... Other parent has to pay costs prior to bringing another motion.
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Originally posted by Janus View PostI get the feeling that you can mostly ignore a costs order as long as you plan on not going back to court.
Originally posted by Janus View PostIf you intend to go back to court, and you have an unpaid costs order, that makes things a little tricky.
Originally posted by Janus View PostProbably a better plan would be to submit a generous offer to settle, so that you do not lose your case.
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I get the feeling that you can mostly ignore a costs order as long as you plan on not going back to court.
If you intend to go back to court, and you have an unpaid costs order, that makes things a little tricky.
Probably a better plan would be to submit a generous offer to settle, so that you do not lose your case.
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Protecting assets from cost order
Just wanted to ask if someone knows how to protect my house against a cost order.
I can't afford to pay a lawyer for custody my trial. Even worse, if I lost custody of my children and was ordered to pay cost, would I be forced to sell my house to pay my ex's lawyer fees when I can't even afford a lawyer for myself? Will I be left homeless? I have a huge mortgage on the house, no savings, no RRSP, but there is some equity.Tags: None
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