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Difference between revisions of "Family Law Trials in Supreme Court"

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For more tips on conducting a trial in Supreme Court, see the Legal Services Society of British Columbia’s online resource: [https://familylaw.lss.bc.ca/bc-legal-system/legal-help/if-you-have-go-court/supreme-court/schedule-and-prepare-your-supreme Schedule and Prepare for your Supreme Court Trial].
For more tips on conducting a trial in Supreme Court, see the Legal Services Society of British Columbia’s online resource: [https://familylaw.lss.bc.ca/bc-legal-system/legal-help/if-you-have-go-court/supreme-court/schedule-and-prepare-your-supreme Schedule and Prepare for your Supreme Court Trial].


=== Taxable costs and disbursements ===
=== 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.
After a judge has delivered the decision, a party can ask the court to provide a ruling on costs. This is where Rule 16-1 of the Supreme Court Family Rules becomes important, along with [http://canlii.ca/t/8mcr#Appendix_B___Costs__1266142 Appendix B] with its schedule containing a tariff (with dollar values) for various litigation process steps. There is a distinction between ''costs'' for legal fees and ''disbursements''. Both are dealt with in Rule 16-1. Costs awarded for legal fees are intended as a partial payment of the legal fees of the successful party. You will sometimes hear these referred to as ''taxable costs''.  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.   
The usual rule is that the successful party will be awarded their costs and disbursements, 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 80–90% of actual out-of-pocket expenses.
A typical award of costs rarely amounts 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's Family Law website's information page [https://www.clicklaw.bc.ca/resource/4649 "If you have to go to court"], under the section "Costs and expenses".


==Resources and links==
==Resources and links==