What is the test for apportioning costs between success and failure in a family law case?
Ontario, Canada
The following excerpt is from Norris v. Morocco, 2020 ONSC 4103 (CanLII):
Rule 24(6) of the Family Law Rules states that if success in a step in a case is divided, the court may apportion costs as appropriate. Divided success does not equate with equal success. It requires a comparative analysis. As was noted in Jackson v. Mayerle, 2016 ONSC 1556 at paragraph 66, most family cases have multiple issues. They are not equally important, time-consuming or expensive to determine.
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