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  • Full Costs

    Hi- If you win an emergency motion- full stop-- what are the chances you will be granted full costs for the motion?

    Does the other side have to pay? What it they refuse?

  • #2
    Not sure about emergency motions but my husband won a motion for disclosure that his ex had filed and he won a big costs award.

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    • #3
      Originally posted by arbortrail22 View Post
      Hi- If you win an emergency motion- full stop-- what are the chances you will be granted full costs for the motion?

      Does the other side have to pay? What it they refuse?
      It is upon you to collect. In Family Law and if children are involved costs get hard to enforce and block further proceedings. It took Working Dad 2 full blown trial cost awards, and about 4 motion costs for Justice Chappel to put forward an order that the other parent had to secure costs to bring anything forwards.

      To this day he has collected 0$ on the 45,000+ in costs he was awarded for the other parent's nonsense. Suffice to say the order blocking further proceedings unless security to the court is paid has resolved the issues. He even went so far as to block the other parent from absolving themselves from the costs in bankruptcy court. If you search "workingdad" on this forum you will find all the details.

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      • #4
        Originally posted by Tayken View Post
        Suffice to say the order blocking further proceedings unless security to the court is paid has resolved the issues.
        At least he has some peace of mind knowing his ex won't continue dragging him into court. During my proceedings, the judge told my ex and I that she believes she will be seeing us on an annual basis. My ex is fighting for 100% of child where I fight for 50/50. I think its pretty ruthless to try to fight for over 50%. The judge went so far to ask us if we really wanted to be "those parents" who are constantly in court.

        That is part of the problem. There is very little deterrence to keep someone who does not accept the outcome of court to simply continuously file until they get a judge who woke up on the wrong side of bed.

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        • #5
          I'd be hesitant to ask for cost during an emergency/ex party motion.

          It's a quick page or two you send to a judge for a quick temp order until both sides meet with the judge in a week or 2. You don't serve anything or see a judge. I'd focus on the emergency and bring up costs once in front of the judge.

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          • #6
            Originally posted by StillPaying View Post
            I'd be hesitant to ask for cost during an emergency/ex party motion.

            It's a quick page or two you send to a judge for a quick temp order until both sides meet with the judge in a week or 2. You don't serve anything or see a judge. I'd focus on the emergency and bring up costs once in front of the judge.
            Loose a emergency ex-parte motion and see what the costs are like. Judges are heavy on costs on parties that fail on "emergency ex-parte" motions quite often. One of the only times they are consistent with hard and strong costs.

            Remember, the party bringing the motion ex-parte is asking the court to remove your charter rights to hear it ex-parte. So, you fail on it... you will eat costs huge.

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            • #7
              Originally posted by Tayken View Post
              Loose a emergency ex-parte motion and see what the costs are like.
              As they should be, if you lose an emergency motion, to deter them from being brought inappropriately.

              The flip side though... win an actual emergency motion for protective, exclusive possession, children returned, enforcement, etc order and you're less likely to see costs discussed until they're before a judge.

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              • #8
                The emergency motion isn't ex-parte and each side has been requested to provide a motion/response to motion. 3 weeks between the emergency motion being approved and getting before the Judge.

                It was a little more complicated to obtain the emergency motion (due to blockages on their side, filing in wrong jurisdictions, etc.) but we are finally past that.

                We've asked for costs- we will see I guess.

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                • #9
                  I believe you're referring to an urgent motion. Like a regular motion, just booked sooner. That's different and costs should definitely be requested.

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                  • #10
                    ah! Sorry about that... yes, we have been referring to it as an "emergency motion" but looking at the judge's writing - says - urgent. Thank you for the clarification.

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                    • #11
                      Wanted to thank everyone for the help over the summer. Our urgent motion was granted yesterday and the kids will get the COVID vaccination. Judge discussed it was already decided at 3 levels of government. Kids get vaccinated unless a treating physician does not agree. The new rules around "experts" came into play- that recommendation from fridge Drs. who align with the anti-vax movement mostly do not come into consideration. Costs will be decided next case conference or settle between parties.

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