What are the implications of having to pay substantial costs in a family law case?

New Brunswick, Canada


The following excerpt is from M. C. v. T. C., 2017 NBQB 50 (CanLII):

On one side there are concerns and risks that costs, especially substantial costs, would impose a “chilling effect” on litigants pursuing or defending bona fide questions involving the best interests of children or, if litigation is pursued, such cost awards would have a “flow through effect” to the children from the additional financial burden placed on the losing parent (See: Goodrick v. Goodrick 2009 NSSC 119). In this case I do not know who or how this litigation was funded.

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