Is a successful party in a family law case entitled to full recovery costs?
Ontario, Canada
The following excerpt is from Palaganas v. Marshall, 2016 ONCJ 523 (CanLII):
[14] This case was cited with approval in Berta v. Berta, 2015 ONCA 918, as revised on January 18, 2016, where the court wrote in paragraph 94 that a successful party in a family law case is presumptively entitled to full recovery costs. An award of costs on this basis, however, is subject to the factors listed in subrule 24(11), the directions set out under subrule 24(8) (bad faith) and subrule 18 (14) (offers to settle), and the reasonableness of the costs sought by the successful party.
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