March 4, 2026 – Successful Self-Represented Parties & Costs

“Successful self-represented parties are entitled to costs. This preserves courts’ abilities to encourage settlement and discourage inappropriate behaviour. It ensures that the opposing parties do not conduct the litigation from a position of ‘costs immunity.’ In determining costs, the court must continue to consider the objectives in r. 24. But calculating self-represented litigants’ entitlement to costs cannot be approached in the same manner as litigants who retain counsel.  Courts often consider an “applicable hourly rate”, based on the party’s expectations as to the costs they would pay if unsuccessful.  This rate can be informed by the hourly rate of the unsuccessful party’s lawyer, if applicable, and the costs of the successful party would reasonably expect to pay if unsuccessful.  A self-represented litigant’s lost income is another measure that may be considered, though the court must be careful not to equate costs with damages for lost income: see Browne v. Cerasa, 2018 ONSC 2242, at para. 31”.

S.P. v. D.P., 2025 ONCJ 157 (CanLII) at 6

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