The general rule is that costs should follow the event. In family law proceedings, pursuant to Rule 24 of the Family Law Rules, the judge trying the action has full discretion with respect to awarding costs. The success of a party is merely one of the factors, albeit an important one, to be considered in exercising the discretion. Other factors to be considered are: i) The conduct of the parties prior to the commencement of litigation; ii) The conduct of the parties during the litigation, including delay tactics, the neglect or refusal to admit things which should be admitted and; iii) The making of a reasonable and realistic offer of settlement pursuant to Rule 49; and iv) The income and assets of each party, their relative means to bear their own costs and the effect of an award on the ability to meet obligations imposed by the judgment. Andrews v. Andrews (1980) 32 O.R. (2d) at p. 30.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.