What is the test for determining the quantum of costs in a family law matter?

Ontario, Canada


The following excerpt is from L.D. v K.A., 2021 ONSC 7337 (CanLII):

The Court of Appeal for Ontario, in Beaver v. Hill, 2018 ONCA 840, at paras. 9 to 14; and Mattina v. Mattina, 2018 ONCA 867, at paras. 9 to 18, set out the principles to be applied when determining costs in family law matters. They are as follows: a. Cost awards are discretionary; b. Judges in family law cases are not constrained by the scales of costs found in the Rules of Civil Procedure; c. The Family Law Rules expressly provide that depending on the conduct of the parties and the presence or absence of offers to settle, a Judge may increase or decrease the costs that would otherwise be the appropriate; d. There is no provision in the Family Law Rules for a general approach of “close to full recovery” costs; e. Rule 24(12) sets out the appropriate considerations in fixing the quantum of the costs in a family law matter; f. Proportionality and reasonableness are the touchtone considerations to be applied in fixing the amount of costs.

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