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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11  
Old 09-30-2017, 08:17 PM
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arabian arabian is offline
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IF someone falsely accused me of something which led to my losing my home and access to my children I would likely sue the other person.

This is something that you might find interesting:

Ontario Woman Must Pay $24,000 To Man She Accused Of Rape, After Losing Appeal
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  #12  
Old 10-02-2017, 01:04 PM
OrleansLawyer OrleansLawyer is offline
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So, would this mean that if a person is unhappy with their lawyer and goes on to release them, they should immediately have the lawyer's bill assessed - not wait until after trial? or does this simply mean that costs for case conferences were not awarded because there was no direction to have costs reserved?
It is the latter.

In any event before a judge (conference, motion, trial), the family law rules explicitly require the costs of that step to be set by the judge. This is not necessarily in either party's favour; a case conference can reserve costs to the trial judge, or set costs in the cause without assigning them to a party. If the endorsement or order is silent on costs then costs of that step are thrown away.

The key case on this issue is: https://www.canlii.org/en/on/onca/do...07onca622.html
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  #13  
Old 10-04-2017, 12:52 PM
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Quote:
Originally Posted by arabian View Post
IF someone falsely accused me of something which led to my losing my home and access to my children I would likely sue the other person.

This is something that you might find interesting:

Ontario Woman Must Pay $24,000 To Man She Accused Of Rape, After Losing Appeal
As Family Law does not punish or give any consequences to the parent who made false allegations, my next step was to sue my ex in Civil Court or Small Claims for the prejudices I faced throughout those 3 years.

But this do not answer my question on Costs. Can I request costs on all the issues including custody and access even though the trial was related to property division only? I am asking as my STBX had refused to consent to more access until the very last minute at the TMC. This is prejudicial to my situation as it causes me in spending more money for fighting on custody and obtaining what I was offering at the end. Also, the false allegations from start had made the custody issues to last for ever.

Thanks in advance for your advise.
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