Court Costs

[robrjm]

My Ex and I have been to court for a few motions. I represent myself and she has a lawyer. I won the first 3 motions. I did not ask for costs as I did not have any. Recently, I lost a motion. Actually, the Ex's lawyer got the motion dismissed, she claimed I violated proceedure. We argued this point for some time. The judge agreed that the issue most be heard at a Case Conference before it can go to a motion. Opps. The Ex's lawyer asks for costs for $4000. I understand the loser pays for the other party's legal fees. However, the winner should not profit from the victory. The Ex's lawyer justified her claim as follows: $2500 to prepare an affidavit and $1500 for her time in court that day. Sounds reasonable. The judge asked me to respond. I apologized for the proceedural error. I added that the $2500 for the affidavit should not be awarded since the affidavit would be reused when this matter reappeared in the Case Conference and a refiled motion. The Judge ordered me to pay $5000. Why is the extra $1000? Is this allowed? Can I appeal the amount awarded? If the lawyer's expenses are $4000 why should she be awarded $5000 and make a profit. Who gets the extra $1000?

 

[logicalvelocity]

Any order can be appealed, however if your unsuccessful on the appeal you may on the hook for the appeal costs.

Its always best to ask for costs at every stage. If the court remains silent on this issue, one cannot go back and request costs for previous hearings.

lv

 

[inlimbo]

Lv, and what if the Judge decides that costs shall be left to be dealt with when the other party brings an Application? (in other words, the judge did not say his position on Costs related to a Motion at the time).
Does this mean one can still be slammed with costs from a previous motion?
The issue that indirectly called for the motion is now decided that to be dealth properly an Application should be the way to go.

How do you see this issue of costs here?

Thank you so much,
LV.