What is the current practice of paying the costs of a party in an abortive trial?

Saskatchewan, Canada


The following excerpt is from Sewell v. Sewell, 1919 CanLII 118 (SK CA):

In Waudby v. Waudby, (1901) 84 L.T. 571, 49 W.R. 672, the practice is stated by Jeune, P., at p. 572, as follows: As a general rule, there can be no order as to the costs of a party in an abortive trial until by further proceedings the rights of the parties are ascertained. There is, however, in this division, as in the ecclesiastical courts which previously had cognisance of matrimonial matters, a well-recognized rule that a husband must provide means for his wife to bring her case to a hearing if she is unable to provide such means for herself. This principle has given rise to several rules by which affect, practical effect has been given to it. The practice is that, pendente lite, an application is made by the wife that the husband shall pay her costs incurred up to the time of the application, and further pay into court, or secure, a sum estimated to be sufficient to cover her costs up to the hearing. A further practice once existed that during the trial the wife’s costs were taxed de die in diem and provided by the husband, which has been modified into a practice that on application a wife is allowed to bring in her actual costs of the days of the trial as if the husband had been ordered to pay or secure them. Then after the hearing is concluded the judge is to decide what costs shall be allowed to the wife, a practice embodied in the 159th rule. The usual practice undoubtedly has been, and is, to allow a wife who has been unsuccessful her costs, but only up to the limit of the amount paid into court or secured, with the addition of such sum as may be added, as above mentioned, on account of the prolongation of the trial.

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