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Bad behaviour can turn a winning litigant in a family law dispute into a loser

Monday, September 25, 2017 @ 1:16 PM | By Steven Benmor

The general rule is that a successful party in a litigation is entitled to costs from the court action. But not always. One of the factors considered by judges who have awarded a litigant the relief that was sought at trial is whether that party behaved reasonably.

Rule 24(1) of Ontario’s Family Law Rules states: “There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal.” But then this presumption is qualified by Rule 24(4), which states:...