Is there a distinction between matrimonial litigation and other civil litigation?
Ontario, Canada
The following excerpt is from Boca v. Mendel, 1989 CanLII 3320 (ON CJ):
[10] But Berdette v. Berdette, supra, seems to move again in favour of there being no distinction between matrimonial litigation and other civil litigation. These decisions are not inconsistent in so far as they both suggest that it is imperative that, to get an order for costs in matrimonial litigation, the party seeking costs must have made a reasonable offer. This is part of a sensible policy of encouraging settlement and discouraging unnecessary litigation by punishing the unreasonable spouse.
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