What is the test for making a party pay part or all of the expenses incurred by the other party in a family law case?
Ontario, Canada
The following excerpt is from Smaggus v. Madonna, 2017 ONSC 6015 (CanLII):
Pursuant to Rule 24(12) of the Family Law Rules, the court may make an order that a party pay an amount of money to cover part or all of the expenses of carrying on a case by the other party. The power to do so is discretionary and the discretion must be applied to further the primary objection of fairness. (Rogers, J. Stuart v. Stuart, 2001 ONSC CarswellOnt 4586)
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