November 15, 2019 – I Won And Beat My Offer So Why Don’t I Get All My Costs?

“Even a full recovery of costs following on a finding of bad faith must be respectful of the after-tax, financial means of the family.  In no way is $99,593.00 in fees for a consent Order, two adjournments and a two hour argued motion reasonable or proportionate.

Mr. Hand does not a have a “free pass” to claim whatever costs he chooses.  One cannot litigate with impunity, spending beyond any reasonable amount for a family of similar means, and then press for a full recovery no matter what the circumstances – even with a finding of bad faith tucked into one’s pocket.  To so allow would be to ignore the complex nature of costs.

Proportionality is a core principle that not only governs the conduct of proceedings generally, but is specifically applicable to fixing costs in family law matters: Beaver v. Hill 2018 ONCA 840 (CanLII).”

Hand v. Hand, 2018 ONSC 6707 (CanLII) at 22-24