Cost Consequences in Family Law

In family law matters, there is a presumption that a successful party is entitled to costs after each step in the case.  In order to determine which party, if any, is entitled to costs and the amount of such costs; the courts consider the following factors found in Rule 24 of the Family Law Rules:

1. the importance, complexity or difficulty of the issues;
2. the reasonableness or unreasonableness of each party’s behaviour in the case;
3. the lawyer’s rates;
4. the time properly spent on the case, including conversations between the lawyer and the party or witnesses, drafting documents and correspondence, attempts to settle, preparation, hearing, argument, and preparation and signature of the order;
5. expenses properly paid or payable; and
6. any other relevant matter.

The purpose of cost consequences in family law proceedings is to encourage parties to act reasonably and fair, resolve their matter, and preclude parties from commencing frivolous court actions.

With this established, it is extremely important that each party provide their Bill of Costs to the judge when determining costs in a case. The Bill of Costs is an itemized list showing the lawyer’s work completed on the file on behalf of the client and an accounting of all expenses incurred on behalf of the client.  The Bill of Costs assists the courts in determining the quantum of costs as it provides transparency in legal fees incurred by the client.  The consequences of lacking a Bill of Costs can be just as detrimental as the consequences of being ordered to pay costs.