What is the law in relation to costs in a family matter?
British Columbia, Canada
The following excerpt is from Nolin v. Ramirez, 2021 BCCA 191 (CanLII):
The parties agree on the law in relation to costs in family matters: • costs must be awarded to the successful party unless the court otherwise orders; • substantial success is measured objectively; and • substantial success occurs where the level of one party’s success is 75% or better, following the four-step inquiry set out in Marquez v. Zapiola, 2014 BCCA 35.
An order for costs may be reviewed as part of an appeal. Cost awards involve the discretion of a trial judge and they are subject to limited appellate review: Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 at para. 27.
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