In Ontario, a "Bill of Costs" is a document prepared and submitted to the Court when a Judge is about to determine whether a party to a court case should pay court costs to the other.
This document tells the Judge how much work was completed in connection with a step in the case (a motion or a trial, for example) and by whom. The actual amount of time spent will also be included. The Judge will know from the document the names of the lawyers involved and their seniority. The work of Law Clerks and students will also be listed.
Generally speaking, costs are not ordered in connection with Case Management hearings like Case Conferences and Settlement Conferences.
Often, Bills of Costs present two scenarios for the costs requested - Full Indemnity and Partial Indemnity. For factors taken into account by the Court in assessing costs in a family law case, as well as the scale, speak to a family law lawyer.............
This document tells the Judge how much work was completed in connection with a step in the case (a motion or a trial, for example) and by whom. The actual amount of time spent will also be included. The Judge will know from the document the names of the lawyers involved and their seniority. The work of Law Clerks and students will also be listed.
Generally speaking, costs are not ordered in connection with Case Management hearings like Case Conferences and Settlement Conferences.
Often, Bills of Costs present two scenarios for the costs requested - Full Indemnity and Partial Indemnity. For factors taken into account by the Court in assessing costs in a family law case, as well as the scale, speak to a family law lawyer.............
Work: Esaias Thoren ~ Composition with Guitar
I have a question regarding how my lawyer has handled the bill for a family law case. My unrepresented ex sued for "everything" and to remove a FRO support order. My lawyer accepted a mortgage (orginally $10K) "hold" on two of my properties (valued at $60-$70K tog.) in lieu of a retainer because I clearly didn't have the cash. Several case conferences and several offers to settle were made over 4 years (no joke, 4 years). In the end, we went to court and the judge made an order for pretty much exactly what we had been offering all along, but no costs. (he had to pay his share of joint debts - trading for his share of the house, he has to pay on-going child support directly to our University-age kids). In other words $0 for me... just a HUGE lawyer's bill. Unbeknownst to me though, the bill sky-rocketed to over $30K as my lawyer "helped" my ex repeatedly through the process to "move it along"... and I am getting that bill! At no time did she present me with an interim bill or estimate or ask if I'd agree to pay to help HIM!. I assumed all along that the $10K covered it. I sold ONE of the lots to pay some long-overdue bills related to my house (for $25K-closing tomorrow) and she is going to confiscating all the proceeds to pay the family law bill (a bill I have never seen, verified, was never given details of...). The value of the remaining lot is "enough" to cover her "mortgage". This can't be right. Help! Your guidance/suggestions are greatly appreciated.
ReplyDeleteAnonymous, this blog is not an appropriate venue to give you advice or even comment any more than I do here on your scenario. I can tell you court proceedings are very expensive - I would certainly expect that what you describe (including "several case conferences and several offers to settle") would cost more than $10,000. For further guidance, please call The Law Society of Upper Canada.
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