Tal Wolf, senior associate at MacLean Law’s Special Costs Family Lawyers explains the difference between regular costs in family law cases and a much higher level of costs in BC family cases called “special costs”. Tal Wolf can be reached at our downtown Vancouver office at 604-602-9000. macLean Law has 5 offices across BC located in Surrey, Vancouver, Richmond, Kelowna and Fort St John as well as a Calgary Family lawyers office. MacLean family law is a repeat winner of Vancouver ‘s Top family law firm.
Family law cases routinely involve issues of guardianship, parenting responsibilities, parenting time, support and division of family property and debt. More rarely, but still very much a factor, is the behavior of the parties in the way that they approach each-other, the litigation and the court process itself. When the winner or “prevailing party” gets to recoup some of their expenses, this is called an award of “costs” and the dollar amount is typically a modest fraction of the actual legal fees incurred per a fixed schedule. But when a party gets reimbursed most or all of their actual lawyers’ bills – which in some cases can amount to many hundreds of thousands of dollars – this is known as “special costs.”
LITIGATION MISCONDUCT AND SPECIAL COSTS FAMILY LAWYERS
Madam Justice Gropper considered the law of special costs in Westsea Construction Ltd. v. 0759553 B.C. Ltd., 2013 BCSC 1352at paras. 27-37, where she concurred that the single standard for the awarding of special costs is that the conduct in question properly be categorized as “reprehensible”. As Chief Justice Esson said in Leung v. Leung, the word reprehensible is a word of wide meaning. It encompasses scandalous or outrageous conduct but it also encompasses milder forms of misconduct deserving of reproof or rebuke. The smoothest of divorce cases is stressful enough. The Vancouver Divorce Law experts at MacLean Law will help make sure your opposing number is accountable for persistent unfair or bad faith misconduct designed to harm you (and your child) emotionally and financially.
Vancouver Special Costs Family Lawyers
A few weeks ago (August 25, 2017) in C.L.M. v. M.J.S., 2017 BCSC 1517, the claimant was accused of repeated non-compliance with Court Orders and court procedures throughout the litigation and at trial, harming not only himself and the child, but the administration of justice as well. Also highlighted were the claimant’s delay tactics used to frustrate the court process, her untruthful evidence at trial, her persistent non-disclosure of financial information, and her use of the court system as an “instrument of abuse” to harm the respondent, the child, the professional witnesses called at trial, and ultimately the court system itself.
Surrey Special Costs Family Lawyers
In Kim v. Hong, 2013 BCSC 2248, Madam Justice Griffin found that deceiving the court, defying Court Orders and conducting aspects of the litigation with an improper motive in order to intimidate, exhaust or financially drain the other party, were sufficient justification for an award of special costs.
In D’Atri v. Gonzales, 2017 BCSC 1244, Madam Justice Young found that repeatedly breaching the terms of a separation agreement, relying upon incomplete financial disclosure in an application, forcing unnecessary applications, failing to comply with Court Orders, and making false accusations against the claimant’s new partner were sufficient justification for an award of special costs against the respondent in that case.
Kelowna Special Costs Family Lawyers
The C.L.M. court, therefore, found ample demonstration of exceptional circumstances justifying an award of special costs:
[9] [The Claimant had] engaged in highly manipulative behaviour, not only with her children, members of her family, the respondent, the RCMP and the Ministry, but with the court as well. She has frequently disobeyed Court Orders, been untruthful in aspects of her evidence and has been obstructionist in her dealings with those in authority. …
22 The claimant repeatedly cancelled, thwarted or otherwise undermined the respondent’s court ordered parenting time with the child. This conduct not only harmed the administration of justice generally, it also significantly emotionally harmed the respondent and the child.
23 The claimant failed to provide complete financial disclosure, despite Orders and repeated requests by the Court to do so. The claimant has never provided a complete financial statement in these proceedings.
24 The claimant also failed to abide by several Conduct Orders. As examples, the claimant failed to keep the respondent apprised of her residential address, failed to consult the respondent before enrolling the child in extracurricular activities, failed to keep court-related discussions and other court materials away from the children, failed to encourage the child to have a good relationship with the respondent and failed to make a real effort to maintain polite and respectful communications with the respondent.
25 The claimant also failed to comply with many procedural Orders, such as filing a Trial Brief and preparing updated Lists of Documents, as required under the Family Rules.
26 The claimant also failed to abide by or cooperate with the court ordered sale of the family residence. As a result of her total non-participation, the respondent was forced to bring additional court applications in order to complete the sale process.
29 The claimant’s negative and obstructionist attitude toward Court Orders and court proceedings generally forced the respondent to incur significant unnecessary litigation expenses, which not only damaged his financial well-being, but his emotional well-being as well.
30 Overall, I agree with the respondent that the claimant’s litigation conduct constitutes abuse of both the respondent and the child. I agree with his position that “the claimant exhibited an overall pattern of deliberate non-compliance and obstructionism that went well beyond zealous argument for her legal position — she used it as a weapon”.
Fort St John Special Costs Family Lawyers
When your spouse behaves this way during litigation, it is actually a form of emotional abuse and harassment that constitutes family violence under the Family Law Act. It forces you to incur litigation expenses, damages your financial well-being and creates undue stress. Worse yet, it consumes your emotional resources, and impacts the quality of your parenting time. You are not alone, and you don’t have to allow this type of abuse to stand. If you feel you need to be indemnified for excessive and unnecessary costs resulting from your spouse’s post-separation misdeeds and court tactics, the Family Lawyers at the Vancouver office of MacLean Law are here to help analyze your potential claim for special costs as we help you to regain control over your case and confidence in the family law system.
