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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 12-30-2009, 02:56 PM
gzy039 gzy039 is offline
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Question Court Costs?

Hello,

We are self represented and my husbands ex gf has a lawyer. They have requested costs on her side. I've heard a few things:

1. Depends on whether or not one of the parties is unreasonable to deal with.
2. Depends on who wins (so I assume that if we win 50% of the issues and she wins 50% of the issues we wouldn't have to pay her costs?) or it may be proportionate?
3. I've heard no one party gets awarded costs in certain courts (we are in Oshawa)
4. It's completely up to the judge

Help!! I want to know if we are going to be stuck with this bill. Prior to the case conference my husband suggested mediation. She said no. She then said maybe, if you come to it and I get this, that and this. He said no, that is not how mediation works; we will go to court then. (She started the court process).

We have made an offer at one point during the proceedings, after the settlement conference, and heard nothing back from her lawyer.

We have emails showing how unreasonable she is. Every email she calls me names, insults me and him and every member of his family.

What do you think our chances are of having to pay her costs?
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Old 12-30-2009, 06:29 PM
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NBDad NBDad is offline
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Costs are usually incurred when one side or the other is being, for lack of a better term...retarded. If they are forcing the issue and not being willing to talk about it, the judge can (at their discretion) award costs to the other party. (Think of it as a *thwap* for wasting the courts time.)

Always request costs. Always. You will almost never get them, but it's always a good idea to ask for them. If nothing more than to make the point to the judge that you are before them only because the other side is not making a reasonable effort to resolve the issue.
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Old 12-30-2009, 06:50 PM
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dadtotheend dadtotheend is offline
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Look at it this way. Only 2% of cases get to trial. In the court's opinion, if one or both of the parties are so stubborn as to insist that the matter goes to trial, the "loser" will be saddled with a majority, if not all, of the costs.

On the way to trial, some motions (but not court conferences for the most part) may have costs awarded if one party is being unreasonable, or retarded .

But most actions are dismissed with each party bearing their own costs once a settlement is reached i.e. 98% of the time. In other words, don't expect to get costs.

Govern yourself accordingly
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Old 12-31-2009, 10:57 PM
8isenough 8isenough is offline
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Default Maybe?

If I have not got a resolution to as to whether My ex is going to sell me the house, buy it himself (doesn't want to) or put the house up for sale (which he refuses to do) and I need a solution. I take him to court to enforce one or the other I could ask for costs and possibly he will need to pay for court time. He feels he wants to settle all pensions,assets, matrimonial home and business all at once. Not happening What is the difference in "Motions" and "Trials" ? Still learning
Quote:
Originally Posted by dadtotheend View Post
Look at it this way. Only 2% of cases get to trial. In the court's opinion, if one or both of the parties are so stubborn as to insist that the matter goes to trial, the "loser" will be saddled with a majority, if not all, of the costs.

On the way to trial, some motions (but not court conferences for the most part) may have costs awarded if one party is being unreasonable, or retarded .

But most actions are dismissed with each party bearing their own costs once a settlement is reached i.e. 98% of the time. In other words, don't expect to get costs.

Govern yourself accordingly
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