In what circumstances will the court refuse to make a cost order against a payor who is separated from his partner?
Ontario, Canada
The following excerpt is from Peters v. Peters, 2003 CanLII 2198 (ON SC):
In Heuss v. McColl, (1998) O.J. No.2627 Aitken J. refused to make a cost order because of the financial impact on the payor and his new family “when each tried his or her best to seek a suitable resolution of the situation”. The court there did not want “to put any financial added stress on either new marriage and on the children living in either household”.
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