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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  
Old 10-24-2011, 11:36 AM
WorkingDAD WorkingDAD is offline
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Default Cost Submissions (Self Rep, Previous steps)

Hello All

While waiting for Judge' ruling and taking some time off (trying to get my head free of Trial stuff) I have to getting ready for cost submissions despite judge's ruling (in any case cost should be addressed unless Judge will say NO COST in his endorsement)

Issues for me are following:

I am kind of have an idea how to deal with "Entitlement of cost for self-represented litigant" and cost against "Legal AID client" and Ontario Works (welfare) recipient ... Despite that if anyone had some really good and useful info please PM me. It always good to have as much as you can...

What kind of trouble me for now is this:

Quote:
Rule 24(10) requires the court to determine costs after each step in a case. In Islam v. Rahman [2007] O.J. No. 3416 the Ontario Court of Appeal confirmed that a trial judge should not make an order for costs in relation to any earlier step in a case where no costs were ordered or where there was silence on the issue.
Basically all thous bills for Case Conf, Settlement Conf (that time when I had a lawyer) letters back in force between lawyers are not recoverable in any case?

Does any one have some info on that one?
  #2  
Old 10-24-2011, 11:56 AM
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Tayken Tayken is offline
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Originally Posted by WorkingDAD View Post
I am kind of have an idea how to deal with "Entitlement of cost for self-represented litigant" and cost against "Legal AID client" and Ontario Works (welfare) recipient ... Despite that if anyone had some really good and useful info please PM me. It always good to have as much as you can...
Remember, that a solicitor bound by the Legal Aid Act is responsible for costs and protecting the organization's costs. So, you may find yourself up against a very large not-for-profit-government-agency when it comes to costs on the trial and possibly prior motions.

Legal Aid should only fund "valid" proceedings. Furthermore, costs are based on actual costs as determined by the judge. So even though the other litigant is represented by Legal Aid, if they lose and costs are awarded LOA will have to eat it against their certificate.




Quote:
Originally Posted by WorkingDAD View Post
What kind of trouble me for now is this:

Basically all thous bills for Case Conf, Settlement Conf (that time when I had a lawyer) letters back in force between lawyers are not recoverable in any case?

Does any one have some info on that one?
1. You are a self rep litigant. I wouldn't freak out just yet.

2. Don't present that case law. Just present your case. If the other party is reading this board you just gave them great fodder for their submissions on costs.

3. Stop helping the other party. Ask for your costs and make them defend why on a failed trial with the balance in your favour they shouldn't pay your costs.

4. Gather up all your offers to settle to date and have them ready for judicial review. This is more important in determining costs.

Good Luck!
Tayken
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Old 10-24-2011, 12:08 PM
WorkingDAD WorkingDAD is offline
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Originally Posted by Tayken View Post
Remember, that a solicitor bound by the Legal Aid Act is responsible for costs and protecting the organization's costs. So, you may find yourself up against a very large not-for-profit-government-agency when it comes to costs on the trial and possibly prior motions.

Legal Aid should only fund "valid" proceedings. Furthermore, costs are based on actual costs as determined by the judge. So even though the other litigant is represented by Legal Aid, if they lose and costs are awarded LOA will have to eat it against their certificate.
Cost ordered against Legal AID client is responsibility of the client. There is some case law confirming that (Legal AID tariff book Chapter 6.)


Quote:
1. You are a self rep litigant. I wouldn't freak out just yet.
I am not freaking out I just try to be prepared and do not spend last night to put it together...

Quote:
2. Don't present that case law. Just present your case. If the other party is reading this board you just gave them great fodder for their submissions on costs.
It's actually from judge ruling on cost. I am not sure that wasting time to submit cost on what Judge clearly said no in several cases before is smart idea. From my point of view it better to concentrate on what you really have chance to get. Am I wrong here?


Quote:
3. Stop helping the other party. Ask for your costs and make them defend why on a failed trial with the balance in your favour they shouldn't pay your costs.
Do you really believe other party lawyer with more than 18 years of experience do not know that? I may be wrong but that would really weak submissions from my side if I base it on that assumption ...

Quote:
4. Gather up all your offers to settle to date and have them ready for judicial review. This is more important in determining costs.
Good Luck!
Tayken[/QUOTE]

I know that.

Thank you.
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