What are the relevant factors for awarding costs in matrimonial causes?

Ontario, Canada


The following excerpt is from Dusome v. Maxwell, 1987 CanLII 3987 (ON CJ):

[37] In addition, in considering the principles set forth in Andrews v. Andrews, supra, with regard to the exercising of discretion in awarding costs in matrimonial causes, the appellate court set out a non-exhaustive list of relevant factors at pages 35-36 [O.R.] as follows: (a) The success of the parties . . . (b) The conduct of the parties prior to the commencement of the litigation . . . (c) The conduct of the parties during litigation . . . (d) The income and assets of each party, the relative means of each party to bear his or her own costs and the effect of the award on the ability of a party to meet the obligations imposed on him or her by the judgment . . .

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