Is a finding of bad faith a condition precedent to full recovery of costs under the Family Law Rules?
Ontario, Canada
The following excerpt is from Chan v. Chan, 2014 ONSC 666 (CanLII):
Rule 24(8) provides that if a party has acted in bad faith the court shall decide costs on a full recovery basis and shall order the party to pay them immediately. However, a finding of bad faith is not a condition precedent to full recovery of costs by the other side under the Family Law Rules: Osmar v. Osmar, supra. A full recovery of costs can be ordered absent a finding of bad faith.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
What is the test for a judge to award full recovery in a custody action where a party has met the conditions in Rule 18(14) of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for determining whether a court will award costs under Rule 24 of the Family Rules? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
Does a finding of contempt be made on a motion in writing on consent under rule 14(10) of the Family Law Rules? (Ontario, Canada)
Is a true condition precedent a valid condition precedent? (Ontario, Canada)
Is Rule 24 of the Family Court Rule 24 (1) a presumption of costs against the successful party? (Ontario, Canada)
What is the case law on interim disbursements as well as rule 24(12) of the Family Law Rules? (Ontario, Canada)
What are the purposes of the modern costs rule of a family law case? (Ontario, Canada)
