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Saturday, October 6, 2012

Court Costs in Family Court - Ontario

Ultimately, it is the Judge in Family Court who decides when to order costs. There are, however, some general principles to keep in mind. The winner of a contested step in a court case (for example, a motion or a trial) is more likely to get costs. Settlement proposals (whether in the form prescribed by the Family Law Rules or by letter, for example) will be taken into account by the Judge. If you made a settlement proposal which was as good as or better than what the Judge ordered (we say "your offer beat the order") you are more likely to get court costs. If the other party behaved "unreasonably" in the case, you are more likely to get court costs but be careful, the definition of "unreasonably" may not be an average person's definition of that word.  For more information about costs, when and why they are ordered, seek advice from a lawyer.....


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