Court Orders Father to Pay Exorbitant Costs Award

The mother in a recent Ontario case sought her costs of litigation, which amounted to $456,411.14, inclusive of disbursements and HST. The court had to determine whether the father’s conduct had been so unreasonable that it warranted ordering him to pay those costs. The Parties’ Story The parties were involved in acrimonious litigation for two …

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Gelman & Associates’ Client Succeeds In Securing Costs

Gelman & Associate’s Irina Davis recently worked on behalf of a client who was in court to respond to a husband’s motion to change spousal support. We’re pleased to report that our client was successful before the courts, with the decision being recently released. The original separation agreement The husband and wife were married on …

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Court Orders Spouse to Pay Advance of Fees to Fund Litigation

In a recent decision, an Ontario court considered one spouse’s plea for an order of interim costs and disbursements to cover the expenses of carrying on the parties’ litigation. The Parties’ Story The parties began cohabiting in October 2008, married in June 2011 and separated in 2017. The parties had signed a marriage contract the …

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Factors The Court Will Consider When Making a Costs Award

The reason behind costs awards in family law matters When parties are involved in family law litigation, it is possible that the court will find one party liable to the other for their costs of the proceeding. In 2018, in the case of Mattina v. Mattina, the Court of Appeal confirmed that rules with respect …

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Ignoring Payment Of Costs Can Be An Expensive Mistake

Complying with a court order is a serious responsibility. We’ve blogged in the past about the importance of it, and the consequences that can arise when court orders are not followed or outright ignored. Whether a party is made to pay child support, spousal support, or to follow any other orders, such as to avoid …

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When Will a Court Order Interim Costs and Disbursements?

An Ontario court recently considered a case where a husband appealed from an interlocutory order that required him to pay his wife $150,000 for interim costs and disbursements.   What Happened? The parties were married in 2002 and separated in 2013. They had four children together. In 2007, following a period of difficulty, the parties …

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Costs Awards in Family Law Proceedings

The court recently reviewed the factors that must be considered in determining which litigant in a family law proceeding should be awarded costs, and in what amount. What Happened? The parties met in Afghanistan in approximately 2008. They had one child, born in October 2010. The mother came to Canada with her family, including the …

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Title Trumps: The Effect of Placing a Property in Joint Tenancy

Griffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown.  The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …

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