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Difference between revisions of "Family Law Trials in Supreme Court"
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Family Law Trials in Supreme Court (view source)
Revision as of 18:45, 28 June 2019
, 18:45, 28 June 2019→Taxable costs and disbursements
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=== Taxable costs and disbursements === | === Taxable costs and disbursements === | ||
There is a distinction between costs and disbursements. Costs are intended as a partial payment of the legal fees of the successful party. Disbursements are the out-of-pocket expenses such as court filing fees, witness fees, traveling and subsistence expenses, experts' fees, fees for medical/legal reports and the like. | There is a distinction between costs and disbursements. Costs are intended as a partial payment of the legal fees of the successful party. Disbursements are the out-of-pocket expenses such as court filing fees, witness fees, traveling and subsistence expenses, experts' fees, fees for medical/legal reports, and the like. | ||
Both are dealt with in Rule 16-1 of the Supreme Court Family Rules. The usual rule is that the successful party will be awarded their taxable costs and disbursements on a ''party and party'' basis, but there are many exceptions. | Both are dealt with in Rule 16-1 of the Supreme Court Family Rules. The usual rule is that the successful party will be awarded their taxable costs and disbursements on a ''party and party'' basis, but there are many exceptions. | ||
An award of costs normally does not amount to more than approximately 30% of a party's actual legal fees. Generally, most disbursements are recoverable, although there are some exceptions. A successful party can expect to recover about | An award of costs normally does not amount to more than approximately 30% of a party's actual legal fees. Generally, most disbursements are recoverable, although there are some exceptions. A successful party can expect to recover about 80–90% of actual out-of-pocket expenses. | ||
A party can ask the judge for a ruling on costs after the judge has delivered the decision. | A party can ask the judge for a ruling on costs after the judge has delivered the decision. | ||
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]. | 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]. | ||
==Resources and links== | ==Resources and links== | ||