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  • Cost submissions after trial

    Anyone have any experience with this stuff, her lawyer is trying to tell me I have to pay 2/3

  • #2
    cost submissions are handed in and decided and awarded by the judge

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    • #3
      I am aware of that, thank you. I am wondering if there is an argument against paying costs. I went bankrupt after she did and don't have the resources to pay, which is why I didn't have a lawyer. her Parents paid for her lawyer.

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      • #4
        welcome to the club, mine gets half my net pay, I have arrears with FRO, extensive legal bills, she also forced me into bankruptcy and legal aid paid for her lawyer, I too am awaiting after our trial to find out how they determine costs, she has been awarded it after our first court appearance and that cost me over 1700.00. I too have been asking where this money is suppose to come from.

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        • #5
          http://www.ottawadivorce.com/forum/f...egal-aid-3148/

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          • #6
            Offers to Settle made, most likely are relevant in determination of costs awarded.

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            • #7
              dumbfounded666 threw out a red herring with that reference to legal aid.

              Have a look here for general principals of cost awards and a bit on defensive cost submissions for the 'losing' party.

              Determining Costs Awards in Family Law Matters | By Toronto Family Lawyer

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              • #8
                Thanks for the subject article Dinkyface. Definite good read on the subject.

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                • #9
                  Does the courts consider it reasonable for a lawyer to wait until all the case conferences, motions and possible trial is over before submitting their costs?

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                  • #10
                    Originally posted by dumbfounded666 View Post
                    Does the courts consider it reasonable for a lawyer to wait until all the case conferences, motions and possible trial is over before submitting their costs?
                    Generally, in ON family matters, costs are decided at each step in the case unless an endorsement provides otherwise.

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                    • #11
                      My ex was awarded costs after the very first case conference even though she refuse to discuss any agreement outside of court before hand. She said her goal was to financially destroy me, and she did. We have been back to court 3 more times since but her lawyer has not submitted any costs. My new lawyer questioned her on it the last time we were in court and she said she was going to file them all together when the case was over. He contested this but she didnt care. Can this work out in my favour? It will be alot harder for me to fight any of these costs when they are all grouped into one and I think she realizes this.

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                      • #12
                        What does your lawyer's view of their position and their predicted outcome of the cost order, the judge will make.

                        Surely, you discussed this situation with them and perhaps a strategy to to take.

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                        • #13
                          The lawyer I now have is relatively new to me. I have only used him in my last court case. He, as well as my previous lawyer, is blown away by my ex's lawyers mannerisms, attitude, inappropriate comments and conduct as well as her impression she can do what ever she wants. This has gotten to the point where I have filed a complaint against her with the Upper Canada Law Society. Aside from that my lawyer seems to feel theres nothing we can do right now so leave it until the time comes to fight it. there has been no other discussion or stratagy about it. This concerns me. We go back to court AGAIN next month for a trial conference.

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