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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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#1
04-26-2022, 03:43 PM
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Cost Submissions Examples and/or Tips
I’m familiar with https://www.canlii.org, and it’s benefits. But it only seems to show the judges ruling .. and not any submitted affidavits or cost submissions.
Is there any way to few some sample Cost Submissions in the public domain ? (ideally good ones). Or Affidavits for that matter. Is there any resources online for examples and “what makes a good” Cost Submission ? i.e. aside for tallying up who won more items, and reference to any Offers to Settle ? Thanks B 
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#2
04-29-2022, 09:16 AM
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Crickets lol ..
Some useful material that I’ve come across, if it helps anyone: https://www.separation.ca/blog/categories/court-costs/ In addition to just tallying who was successful on more issues .. other important items to consider for Cost Submissions: - Attempts to try to solve things before Court — i.e. via Offers to Settle - The “reasonableness” of offers — i.e. it helps to not shoot for the moon - As a deterrence for bad behaviour - Complexity of individual items .. Seems like it will be slam dunk for my high conflict matter … though from what I’m reading on the forums, actually getting reimbursed / payed back is another matter. Curious if anyone has any thoughts.
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#3
04-29-2022, 10:26 PM
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At times, for high conflict cases, judges purposefully don’t award costs. Doing so would add gas to an existing fire. Goal is to heal and move on after a court case concludes, rather than add additional bitterness. Or if costs are awarded, it’s a fraction of what was spent. So spend $80k in legal fees, and get awarded $35k back
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#4
05-09-2022, 01:03 PM
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@Brampton33 .. Yep, been hearing the same legal opinion this week .. i.e. that Judges in High Conflict matters will often not penalize the litigious / losing / high-conflict individual under the principle of "best interest of the child". With the idea being that the judge does not want to high conflict individual to take it out on the child.
Coming more and more to the realization that (other than child support), Custody Contracts aren't very enforceable and trying to get them enforced isn't worth the ROI the majority of the time. Asking how to be successful litigating Family Court with a High Conflict individual .. is a lot like asking how to be successful jumping out of a plane without a parachute ... you can't.
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