Does a young mother have to pay the costs of a personal injury claim against her own mother?

Ontario, Canada


The following excerpt is from Arndt v. Arndt, 2018 ONSC 3668 (CanLII):

Further, in para. 45 of Blanchard v. Walker, the court noted as follows: 45 The mother is 29 years old. She is young, and has many years in which to earn sufficient money to contribute towards a costs award. Her unreasonable behaviour in choosing to go to trial in the face of the strong evidence against her position requires a strong message. The mother is the author of her own misfortune. Had she acted reasonably, she could have avoided a trial altogether, and avoided liability for costs. The mother should not be shielded from liability for costs in this case merely due to a current limited ability to pay costs. To do this would allow those of limited financial means free license to litigate unreasonably. That is not consistent with the current law of costs.

Other Questions


Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
What is the test for a judge to order personal costs against counsel in a personal injury case? (Ontario, Canada)
If the parties cannot agree on costs in a personal injury action, what are the deadlines for responding to the claim? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
Can a lawyer be personally liable for costs in a personal injury action? (Ontario, Canada)
What are the consequences of a personal injury claim being awarded personally against a lawyer? (Ontario, Canada)
Can a court order costs of the entire proceeding of a personal injury claim only from the date of a trial management conference going forward? (Ontario, Canada)
What is the test for a successful party to claim costs in a personal injury case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.