In what circumstances will the court award costs in a family law case?

[13] In Biant v. Sagoo (2001), 2001 CanLII 28137 (ON SC), 20 R.F.L. (5th) 284 (Ont. S.C.), the court wrote at paragraph 20: The preferable approach in family law cases is to have costs recovery generally approach full recovery, so long as the successful party has behaved reasonably and the costs claimed are proportional to the issues and the result. There remains, I believe, a discretion under r. 24(1) to award the amount of costs that appears just in all the circumstances, while giving effect to the rules’ preeminent presumption, and subject always to the rules that require full recovery or that require or suggest a reduction or an apportionment.

[14] This case was cited with approval in Berta v. Berta, 2015 ONCA 918, as revised on January 18, 2016, where the court wrote in paragraph 94 that a successful party in a family law case is presumptively entitled to full recovery costs. An award of costs on this basis, however, is subject to the factors listed in subrule 24(11), the directions set out under subrule 24(8) (bad faith) and subrule 18 (14) (offers to settle), and the reasonableness of the costs sought by the successful party.