7,392
edits
Difference between revisions of "Rules Promoting Settlement in Family Matters"
Jump to navigation
Jump to search
Rules Promoting Settlement in Family Matters (view source)
Revision as of 20:40, 25 June 2019
, 20:40, 25 June 2019→Costs
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) (→Costs) |
||
| Line 46: | Line 46: | ||
===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 [http://canlii.ca/t/53h1z | 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 [http://canlii.ca/t/53h1z 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. See Appendix B in the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. Costs are valued according to the level of ''difficulty'' of each case. There are three levels of difficulty | Under the Supreme Court Family Rules you are awarded certain costs for specific steps taken in the proceeding. See Appendix B in the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. Costs for some of the steps are valued according to the level of ''difficulty'' of each case. There are three levels of difficulty: | ||
#''less than ordinary difficulty'', | #''less than ordinary difficulty'', | ||
#''ordinary difficulty'', and | #''ordinary difficulty'', and | ||
| Line 61: | Line 61: | ||
! Item !! Description !! Costs ($) | ! Item !! Description !! Costs ($) | ||
|- | |- | ||
| 1 || Correspondence, conferences, instructions, investigations or negotiations and preparation, filing and service of notice of family claim, response to family claim, counterclaim or response to counterclaim || $3,000 | | 1 || Correspondence, conferences, instructions, investigations or negotiations and preparation, filing and service of notice of family claim, response to family claim, counterclaim or response to counterclaim. || $3,000 | ||
|- | |- | ||
| 2 || Process for discovery and inspection of documents || $2,000 | | 2 || Process for discovery and inspection of documents. || $2,000 | ||
|- | |- | ||
| 3 || Preparation for and attendance at each examination for discovery. Claim $1,000 for each day or part day. Assume 1 day for each party. || $2,000 | | 3 || Preparation for and attendance at each examination for discovery. Claim $1,000 for each day or part day. Assume 1 day for each party. || $2,000 | ||
|- | |- | ||
| 4 || Preparation for and attendance at each contested application. Claim $1,000 for each half day of attendance. Assume 1 (one) half day of attendance || $1,000 | | 4 || Preparation for and attendance at each contested application. Claim $1,000 for each half day of attendance. Assume 1 (one) half day of attendance. || $1,000 | ||
|- | |- | ||
| 5 || Preparation for and attendance at each judicial case conference or settlement conference. Claim $1,000 for each half day of attendance. Assume 1 JCC|| $1,000 | | 5 || Preparation for and attendance at each judicial case conference or settlement conference. Claim $1,000 for each half day of attendance. Assume 1 JCC.|| $1,000 | ||
|- | |- | ||
| 6 || Preparation for each uncontested application or trial management conference. Claim $500 each. Assume 1 trial management conference || $500 | | 6 || Preparation for each uncontested application or trial management conference. Claim $500 each. Assume 1 trial management conference. || $500 | ||
|- | |- | ||
| 7|| Preparation for and attendance at trial of family law case or of an issue in a family law case. Claim $2,000 per day for each day or part of a day of trial up to 5 days, and $3,000 for each additional day or part of a day trial. Assume 3 days of trial || $6,000 | | 7|| Preparation for and attendance at trial of family law case or of an issue in a family law case. Claim $2,000 per day for each day or part of a day of trial up to 5 days, and $3,000 for each additional day or part of a day trial. Assume 3 days of trial. || $6,000 | ||
|- | |- | ||
| || '''Total Costs'''|| '''$15,000''' | | || '''Total Costs'''|| '''$15,000''' | ||
| Line 79: | Line 79: | ||
In addition to the costs of $15,500 for the 3 day trial, the winning party could also be entitled to their disbursements. | In addition to the costs of $15,500 for the 3 day trial, the winning party could also be entitled to their disbursements. | ||
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, and 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 | For more information about costs, see the Legal Services Society of British Columbia’s information 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=== | ||