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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 11-02-2011, 04:39 PM
Coop Coop is offline
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Default Trial Costs

We finally received judgement and I must say we are very happy with it. It is better than we hoped....in many ways. The question is now costs. She was awarded $11,500. We offered $9,100 before trial, her counter offer was $29,000.
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Old 11-02-2011, 06:28 PM
WorkingDAD WorkingDAD is offline
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Quote:
Originally Posted by Coop View Post
We finally received judgement and I must say we are very happy with it. It is better than we hoped....in many ways. The question is now costs. She was awarded $11,500. We offered $9,100 before trial, her counter offer was $29,000.
Was that judgement on cost only?
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Old 11-02-2011, 07:29 PM
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The judgement was set at $11,500 but we are able to file cost submissions. We don't necessarily desire to go down that route but we are sure that she will so we are trying to prepare.
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Old 11-02-2011, 07:34 PM
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Originally Posted by Coop View Post
The judgement was set at $11,500 but we are able to file cost submissions. We don't necessarily desire to go down that route but we are sure that she will so we are trying to prepare.
I am sorry for may be stupid question but how you have trial cost decided the same time as trial judgment ?

I was under impression that it can be decided ONLY after you have Judge ruling regarding trial issues...
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Old 11-02-2011, 08:27 PM
fatherles fatherles is offline
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How long was the trial is there post judgement interest and pre judgement interest

also questin to the board is there a set amount lawyers can charge in Ontario per day for each trial day
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Old 11-02-2011, 08:33 PM
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Trial was approx 6 days. There was no interest awarded.
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Old 11-03-2011, 12:14 PM
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I hear alot of Judges throwing around $250 an hour for senior lawyers...

But I'm no authority on that.
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Old 11-03-2011, 12:45 PM
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Default Summary of the cost grid scheme

SUMMARY OF THE COST GRID SCHEME
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Old 11-03-2011, 02:29 PM
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Good info.
It's missing "self-rep"
How much is my time worth? Humm
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Old 11-03-2011, 02:52 PM
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Good info.
It's missing "self-rep"
How much is my time worth? Humm
Of-course it missing ... did you really expect to see it there ? ))

but I am not seating here and wait

Can a self-represented litigant be awarded costs?


Quote:
I have written previously about the important – some would say dominant – role that legal cost plays in litigation in Ontario. As a result of how expensive litigation can be, more and more litigants are foregoing the retainer of counsel and going it alone. Doing so means countless hours spent researching law and compiling evidence, engaging in correspondence with the other side, preparing, serving and filing documents and attending motions, pre-trials and ultimately a trial. Having put in the time and effort necessary, can the self-represented winner then be awarded costs in addition to damages?

The short answer is yes. The longer answer is yes, but the quantum of costs is determined in a different way than if the litigant had been represented by counsel. In order to receive an award of costs for the time and effort spent, a self-represented litigant will be required to provide evidence of having incurred an “opportunity cost by foregoing remunerative activity”.

The recent (2010) Divisional Court decision of Mustang Investments v. Ironside provides a detailed review of the principles to be applied by the Court in determining the quantum of costs to be awarded to a self-represented litigant.
In this case, the self-represented Defendant, John Ironside, was awarded costs in the amount of $21,051.30. That award was set aside on appeal to the Divisional Court.

The Divisional Court began its analysis with reference to the leading (Court of Appeal) case of Fong v. Chan in which the Court set out the governing principles:
First, the self-represented litigant should not recover costs for the time and effort that any litigant would have to devote to the case. Second, costs should only be awarded to those lay litigants who can demonstrate that they devoted time and effort to do the work ordinarily done by a lawyer retained to conduct the litigation and that, as a result, they incurred an opportunity cost by foregoing remunerative activity.

The Divisional Court noted that the motions judge interpreted the second principle as requiring a self-represented litigant to simply show that he or she did work ordinarily done by a lawyer. The motions judge concluded it was not necessary to prove that the self-represented litigant had also incurred an opportunity cost by foregoing remunerative activity. The motions judge said: “… if the self-represented litigant demonstrates that he or she did the work ordinarily done by a lawyer, then they will have justified receiving an award of costs.”

The Divisional Court held that the motions judge erred in this conclusion, stating:
“[T]he language used by Sharpe J.A. is clear. First, to receive costs a lay litigant must demonstrate that he or she devoted time and effort to do the work ordinarily done by a lawyer and that as a result he or she incurred an opportunity cost by foregoing remunerative activity. Second, if an opportunity cost is proved a self-represented litigant should only receive a moderate or reasonable allowance for the loss of time devoted to preparing and presenting the case”.
Since the self-represented litigant had not provided evidence of an opportunity cost having been incurred, the costs award was set aside and only disbursements of $1,541 awarded.

The Divisional Court decision also observed that:
“It is a matter of concern to the courts that there are an increasing number of unrepresented litigants appearing in a vast spectrum of matters. A question of whether self-represented litigants without legal training should be compensated for performing work normally done by a lawyer at rates for legally trained persons, be they senior lawyers, junior lawyers, or law students, will have serious and far reaching consequences. It is a matter which, in my opinion, is better considered by the Legislature on the advice and with the input of the Rules Committee, than by the courts.”

Time will tell whether the legislature will take up the Divisional Court’s suggestion.
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