Judges Can Award Legal Costs To The Losing Party
Judges awarding lawyer fees happens all the time in the family law court. The judge in the family law case will look at which lawyer had the most success with arguing their position. Also, the judge will look at how hard the case was for the lawyer to prove. Further, they will look at how much damage an award for legal costs will be to a party. Further, a judge most often does not want to punish one of the parties. Instead, they want to reimburse (at least partly) the person who was right.
If one of the parties was acting improperly or did something bad, the judge might want to make an example of them. For example, if one party did something with the sole purpose of increasing the other side’s legal fees, then the judge should award costs. If one party broke a contract, then the other side might have to start a lawsuit. Therefore, the person who had to start the lawsuit should have their legal costs reimbursed.
Some judges rarely award costs. Other judges seem to enjoy awarding large costs to any party that wins. It really depends on the judge. Sometimes the judge will award a small number of costs, such as $500. Other times the judge will award large amounts of costs, such as $20,000. Further, the rules for awarding costs are different in the provincial and supreme court.
The Judge Makes The Decision
The judge gets the make the decision. They have a lot of flexibility. Our family lawyers can fight cost award orders for you in the supreme court or the court of appeal. IT’s most likely only worth hiring a lawyer to fight the cost order if it’s a large amount. Email us at info (at) clearwaylaw.com or call us toll-free 1-844-466-6529 to arrange a consultation about your case. You can also reach out to find the right lawyer for you via the live chat function.
The courts are always pushing for people to settle issues via mediation or arbitration. If someone wants to fight things out in the court just to be difficult, legal costs might be awarded against them. The courts in BC and Ontario are already running into large delays. There are not enough staff and judges to satisfy the number of cases. The judge will get made if you waste their time. If you can settle the matter, you should.
Judges Awarding Lawyer Fees | The Loser Sometimes Pays Legal Costs
In family law, the shorter the litigation the better. You don’t want to spend your life-fighting in court. If you have children, they need to get to a stable environment quickly. Further, keep in mind that the court is also very expensive.
Judges award costs against people that bring motions or applications that make no sense. The application shouldn’t have been brought just to stress your ex. The party that had to pay a lawyer to attend a pointless application should be reimbursed. However, keep in mind that it’s rare that you will get paid back 100% of your legal fees. But it does happen!
Judges Awarding Lawyer Fees- It’s The Judges Decision
If you are self-represented to save money, be very careful. If your ex spends $10,000 getting ready for court, you might have to pay their legal fees. Saving money is great, but you might end up losing your case and paying for your ex’s lawyer. If it’s worth going to court, it’s worth winning. Get a great family lawyer to help you, win your case, and hopefully you will get reimbursed some or all of your legal costs.
In conclusion, reach out to us to find the best family lawyer to learn about how to win your application or trial. You don’t want to lose your case and have to pay legal costs. Further, winning is the point of going to trial, not saving money. If you have a child custody battle, it’s important you win.
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