Announcement

Collapse
No announcement yet.

Costs - How/Where Do You Ask for Costs?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Costs - How/Where Do You Ask for Costs?

    We have never before asked the court for costs.

    My stepson's mom, however, has asked for costs several times... and won!

    Given the facts of our situation, where she is refusing a very reasonable settlement offer... thus forcing us to return in front of a judge... we would like to take our chances and ask for costs.

    How do we go about this?

    Where do we ask for costs? I'm assuming it needs to be written in the settlement conference brief, but where exactly, under which section?

    How should we phrase this request?

    Should we ask for her to pay costs... or should we ask for the costs that we were ordered to pay to be revoked? Or both?!

    Any advice would be great!

  • #2
    hiiiii

    When you send a letter of offer to the other party there you can specify and that for so and so reason thats the offer.If she fails to accpet it and the matter is draged to court then their you will be asking for the court.

    And then when the matter went to court then she put it in the last pargraph of affidavit.I won the costs two times(1200+4000).Generally Mr Judge will listen to the reasonable party
    BEST OF LUCK

    Comment


    • #3
      Question, were you (sufferer) or stepmom when you had to pay, were the cost being determined at conferences, or at trial? I have a good case for asking for costs, but still hoping we can settle before trial. If we go to another conference I want to ask for costs then if I can.

      Comment


      • #4
        When my husband was ordered to pay costs, it was at a case conference and settlement conference. Basically, both times, he asked the court for a reduction in CS due to loss of employment, and both time, the judge - one and the same - "felt" the request was unreasonable. Go figure!

        Comment


        • #5
          So... we know that it's possible for costs to be asked for and granted at a conference.

          How do we go about it?

          Comment


          • #6
            Yeah, me too, I wanna know.

            Comment


            • #7
              I never went to trial.It was during a case conference when he paid $4000 for my costs.He had been delaying the court dates and asking for adjournments and finally gave me a nasty offer.So my lawyer explained this and asked for $4000 and we got it.
              And other time he forced me to file and emergency motion and was penalised $1200

              Comment


              • #8
                Originally posted by #1StepMom View Post
                We have never before asked the court for costs.

                My stepson's mom, however, has asked for costs several times... and won!

                Given the facts of our situation, where she is refusing a very reasonable settlement offer... thus forcing us to return in front of a judge... we would like to take our chances and ask for costs.

                How do we go about this?

                Where do we ask for costs? I'm assuming it needs to be written in the settlement conference brief, but where exactly, under which section?

                How should we phrase this request?

                Should we ask for her to pay costs... or should we ask for the costs that we were ordered to pay to be revoked? Or both?!

                Any advice would be great!

                Ask for costs at every step in the proceeding. For Example:


                An Order for Costs.


                I strongly urge you to pay the previous Costs Order prior to taking the next step. It's a Court Order. If not honoured, the other party may take steps to Strike your Pleadings.



                Originally posted by sufferer View Post
                When you send a letter of offer to the other party there you can specify and that for so and so reason thats the offer.If she fails to accpet it and the matter is draged to court then their you will be asking for the court.

                And then when the matter went to court then she put it in the last pargraph of affidavit.I won the costs two times(1200+4000).Generally Mr Judge will listen to the reasonable party
                BEST OF LUCK

                Great Point Suff,

                Be sure to Serve an Offer prior to motion and trial.



                Originally posted by Mess View Post
                Question, were you (sufferer) or stepmom when you had to pay, were the cost being determined at conferences, or at trial? I have a good case for asking for costs, but still hoping we can settle before trial. If we go to another conference I want to ask for costs then if I can.

                If the other side is unreasonable during a hearing such as a Case Conference and Procedural Orders are required for such things as Disclosure - Seek Costs. The Court may entertain or will remain silent resulting in no costs.

                Originally posted by #1StepMom View Post
                So... we know that it's possible for costs to be asked for and granted at a conference.

                How do we go about it?
                Just ask...

                An Order for costs...... if you feel Costs are in order.



                Originally posted by sufferer View Post
                I never went to trial.It was during a case conference when he paid $4000 for my costs.He had been delaying the court dates and asking for adjournments and finally gave me a nasty offer.So my lawyer explained this and asked for $4000 and we got it.
                And other time he forced me to file and emergency motion and was penalised $1200

                Great example of unreasonable litigant. It cost them significantly.

                Comment


                • #9
                  So how exactly do you formulate a request for an "order for costs?"

                  Do you need to explain why you are requesting costs?

                  Do you need to specify the amount?

                  Do you need to show proof of why you should be awarded cost?

                  Comment


                  • #10
                    I would like to know these as well.

                    Comment


                    • #11
                      Hi Stepmom

                      Originally posted by #1StepMom View Post
                      So how exactly do you formulate a request for an "order for costs?"

                      Do you need to explain why you are requesting costs?

                      Do you need to specify the amount?

                      Do you need to show proof of why you should be awarded cost?
                      give me few hours I will take out my paper work and wil type the same matter as my lawyer did for costs.I hope that will help you a bit and in the mean time if LV is online again then he will help you .He is best at it and helped a lot of forum members who were self representing.

                      Formulation of request will be the vaid reason why you need to change the amount .Proof will be the exhibits that you will attach to validate your request.I don't think so that my lawyer did put the amount .But when she asked for the cposts Mr Judge asked her the amount and then she explained that because MR X is playing his dirty game since last 10 months it cost her client tons of money and she would atleast request $4000.And Mr Judge granted it.
                      Last edited by sufferer; 01-09-2010, 06:55 PM. Reason: spellig mistakes and add more

                      Comment


                      • #12
                        I hope it gives you a idea

                        After the affidavit along with the nature of orders sought in the last two paragraphs she wrote
                        !) an order indemnifying the wife for her full costs off this mtion

                        2) such further and other relief as this honourable court deems just


                        Though i couldn't find my letter of offer but I still remember ,she mentioned "based on the facts and current situation the respondent should pay the support on $amount.
                        In the event you refuse to accept the offer and the matter is taken to the court we will seek for the full costs of this motion.

                        But keep the amount in mind that you will be asking as costs as Mr Judge might ask you

                        Comment


                        • #13
                          Originally posted by #1StepMom View Post
                          So how exactly do you formulate a request for an "order for costs?"

                          Do you need to explain why you are requesting costs?

                          Do you need to specify the amount?

                          Do you need to show proof of why you should be awarded cost?
                          Ask for an order for costs. It's ambigious but the issue is addressed. If the court entertains the issue of costs they may request subsequent written submissions from each party.

                          Under the Family Rules, a succesful party is presumed entitled to costs. The court will considering whether or not either party served "Offers to Settle" and how close the offer was to the judgement. Additionally , if a party acts in badfaith or unreasonable - a successful may not be entitled to costs. Basically, costs award are the discretion of the court.


                          Originally posted by sufferer View Post
                          After the affidavit along with the nature of orders sought in the last two paragraphs she wrote
                          1) an order indemnifying the wife for her full costs off this mtion

                          2) such further and other relief as this honourable court deems just


                          Though i couldn't find my letter of offer but I still remember ,she mentioned "based on the facts and current situation the respondent should pay the support on $amount.
                          In the event you refuse to accept the offer and the matter is taken to the court we will seek for the full costs of this motion.

                          But keep the amount in mind that you will be asking as costs as Mr Judge might ask you
                          1 and 2 are standard requests. The latter covers any other order that results from the action.

                          Comment

                          Our Divorce Forums
                          Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                          Working...
                          X