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
The following excerpt is from Willis v. Hung, 2018 ONSC 5688 (CanLII):
In Biant v. Sagoo, the court considered the costs award scheme under the Rules and commented, at para. 20: [T]he 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.
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