Difference between revisions of "Rules Promoting Settlement in Family Matters"
Jump to navigation
Jump to search
Julie Brown (talk | contribs) |
Julie Brown (talk | contribs) (→Costs) |
||
| Line 43: | Line 43: | ||
===Costs=== | ===Costs=== | ||
In the Supreme Court, a successful party can be entitled to recover costs and disbursements from the losing party, but there are exceptions. See Rule 16-1 of the Supreme Court Family Rules. | In the Supreme Court, a successful party can be entitled to recover costs and disbursements from the losing party, but there are exceptions. See [http://canlii.ca/t/53h1z Rule 16-1] of the Supreme Court Family Rules. | ||
Costs are intended as partial payment of legal fees and normally do not amount to more than approximately 30% of a party’s actual legal fees. | Costs are intended as partial payment of legal fees and normally do not amount to more than approximately 30% of a party’s actual legal fees. | ||
Under the Supreme Court Family Rules you are awarded certain costs for specific steps taken in the proceeding and the amount depends on the difficulty. See Appendix B –Costs. | Under the Supreme Court Family Rules you are awarded certain costs for specific steps taken in the proceeding and the amount depends on the difficulty. See Appendix B –Costs. | ||
| Line 72: | Line 72: | ||
Disbursements are out of pocket expenses, such as filing fees, witness fees, travelling and subsistence expenses, discovery transcript fees, experts’ fees, fees for medical/legal reports, photocopies, couriers, postage and the like. Generally, most disbursements are recoverable, provided they are considered to be reasonable and necessary. | Disbursements are out of pocket expenses, such as filing fees, witness fees, travelling and subsistence expenses, discovery transcript fees, experts’ fees, fees for medical/legal reports, photocopies, couriers, postage and the like. Generally, most disbursements are recoverable, provided they are considered to be reasonable and necessary. | ||
The potential of a cost award being made at a hearing or trial can provide an incentive for the parties to settle and agree to not have to pay costs to each other. It can encourage parties to be more reasonable in their positions and try to narrow the issues that need court intervention. | The potential of a cost award being made at a hearing or trial can provide an incentive for the parties to settle and agree to not have to pay costs to each other. It can encourage parties to be more reasonable in their positions and try to narrow the issues that need court intervention. | ||
For more information about costs see the Legal Services Society of British Columbia’s fact sheet on Costs and Expenses. | For more information about costs see the Legal Services Society of British Columbia’s fact sheet on [https://familylaw.lss.bc.ca/bc-legal-system/if-you-have-go-court/costs-and-expenses Costs and Expenses]. | ||
===Offer to Settle=== | ===Offer to Settle=== | ||
You can make an offer to settle at any time during a court proceeding. A formal offer to settle under Rule 11-1 has special potential costs consequences if the trial proceeds and the decision of the judge is not as favourable as the offer. | You can make an offer to settle at any time during a court proceeding. A formal offer to settle under Rule 11-1 has special potential costs consequences if the trial proceeds and the decision of the judge is not as favourable as the offer. | ||