View Single Post
  #3  
Old 12-21-2005, 09:41 PM
logicalvelocity logicalvelocity is offline
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,943
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

[1.] Costs are awarded generally at the discretion of the Judge. Even if one party was unreasonable but could not afford to pay, costs may not be ordered.(example a person represented by legal aid).

[2.] An additional factor that would be considered is if there was or were any offers to settle made prior to the motion or trial.

[3.] If there was an offer to settle made by the other party etc, and was very close to the ruling of the court, an order for costs may not occur.

[4.] An additional factor for consideration is what exactly is the issue. If it was a custody issue, the court may not award costs on this issue alone.

[5.] If a court remains silent on the issue of costs at the conclusion of the motion expect non to be ordered.

[6.] If success was divided, there may not be any order for costs.

It is cheaper to negotiate than to litigate.