In what circumstances will a judge leave costs in a family law matter?
Ontario, Canada
The following excerpt is from Recoskie v. Paton, 2014 ONSC 5232 (CanLII):
For reasons released on July 18, 2014, I decided all of the issues against the Respondent Husband and in favour of the Applicant Wife (Recoskie v. Paton [2014] ONSC 4352). At the end of those reasons, I indicated that since I did not hear the parties with respect to costs and given that I had essentially deferred the central issues to the trial judge, I was inclined to leave costs in the cause. Since that time, I have received comprehensive written submissions on costs from both counsel. In light of them, I have been persuaded that it would be appropriate to decide the issue of costs at this time. Since each side has filed argument and related material there would be no prejudice in doing so. Also, I have been reminded of Rule 24(10) of the Family Law Rules which does indeed direct that costs should be decided at each step of litigation.
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