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Calgary Edmonton Advance Legal Costs

Calgary Edmonton Advance Legal Costs Lawyers help level the playing field in family law cases particularly in cases involving narcissistic ex-spouses. Provinces across Canada have created legislation to enable a financially weaker spouse to obtain funds to help them pursue justice.

Calgary Edmonton Advance Legal Costs 403 444 5503

January 6, 2021 – the culmination of 4+ years of appeasement of a narcissistic U.S. President. But narcissists do not only reveal themselves in politics – they often reveal themselves in family relationships, and particularly upon the breakdown of those relationships.

So how do you deal with a narcissistic ex-spouse during the breakdown of that family relationship?  In a previous article “Dealing with Narcissists during Divorce” I indicated the best ways to deal with a narcissistic ex-spouse include:

    ● Document, Document, Document – your documents will speak louder than their words before the Courts; 

    ● Don’t Negotiate or Mediate – at least not for long if it is not productive;  

    ● Deal with Court Applications Forcefully – whether bringing or defending against their Applications; 

    ● Move the Process Along – get the matter before a decision-maker (whether a Justice or Arbitrator) as soon as                   possible, and; 

    ● Stay Strong – rely on your support groups (family, friends, coaches, etc.).

But often in a family relationship, the narcissistic ex-spouse is the one who has controlled (and often placed in their name only) the financial resources of the relationship. How, on relationship breakdown, can you afford the cost of engaging in a legal dispute with a narcissistic ex-spouse? One way may be a Court Order for Advance Legal Costs. in today’s blog on Calgary Edmonton Advance Legal Costs, Peter Graburn explains the rules. MacLean Law has obtained some of the highest interim costs awards in BC.

Calgary Edmonton Advance Legal Costs
Peter Graburn family lawyer, mediator & arbitration Calgary office 403-444-5503

Family Law Legal Costs 403 444 5503

Standing up to an ex-spouse (whether a narcissist or otherwise) upon relationship breakdown can be costly, both emotionally and financially.  In a previous article Calgary Alberta Family Law Costs, I outlined the different types of legal costs the Court (or an Arbitrator) can award to reimburse a party for some of the expenses of the litigation, including:

    ● Party and Party Costs – a set amount for each procedural step in the litigation;   

    ● Solicitor – Client Costs – extraordinary costs to punish “reprehensible, scandalous or outrageous conduct” of the          parties or for bringing frivolous or vexatious claims, and;  

    ● Solicitor and Own Client Costs – including reimbursement of costs of third-parties (ie. experts). 

Calgary Edmonton Advance Legal Costs 403 444 5503

But these are types of legal costs that can be awarded (usually) at the end of the proceedings.  What about the cost of Court Applications (ie. compelling financial disclosure, preservation of property, etc.) that must sometimes be brought during the proceedings, particularly if you do not have access to (or control of) the family finances? The answer may be an Application for Advance Legal Costs. Advance Legal Costs are costs that may be awarded to help fund the cost of litigation if a party otherwise has insufficient access to such funds (see: Calgary Advance Interim Costs Family Lawyers: https://macleanfamilylaw.ca/2018/08/20/calgary-advance-interim-costs-family-lawyers ). But the legal test for a Court awarding Advance Legal Costs is high (in Charter cases, at least; see: B.C. v. Okanagan Indian Bands, 2003 SCC 71; Little Sisters Book & Emporium v. Canada, 2007 SCC 2), including:

    ► Impecuniosity – the claimant cannot genuinely afford to pay for their case;

    ► Prima facie merit – the case must be legitimate and have a good chance of succeeding, and;

    ► Public Importance – the issues raised in the case must be of public (not merely individual) interest.

So while the legal test for successfully obtaining Advance Legal Costs may be (prohibitively) high, does that mean such costs are never granted, particularly in family law cases? Absolutely not!  In the recent landmark family law case of Lakhoo vs. Lakhoo (2015 ABQB 357), the Alberta Court of Queen’s Bench granted Advance Legal Costs (under Rule 12.36 of the Alberta Rules of Court) to an ex-wife where the ex-husband had approximately 100 times the financial resources in order to “level the playing field” to protect her interests and provide the finances to complete her case (para. 65).

It’s no secret that the costs of family law litigation can often be high – the more drawn out and contentious the matter, the higher the costs. Legal costs, and particularly Advance Legal Costs, are a way of reducing (reimbursing) those costs.  But legal costs are at the total discretion of the Court or Arbitrator.  Advance costs are often only granted in “rare and exceptional” circumstances”. So legal costs are an important consideration in deciding what, whether and to what extent certain family law matters should (or can) be pursued upon the breakdown of the family relationship.

Calgary and Edmonton MacLean Law Can Help

MacLean Family Law has Offices across Canada including downtown Vancouver, Calgary, Toronto, West Kelowna, Surrey, Richmond, Victoria, and Fort St. John.

Calgary Edmonton Advance Legal Costs
MacLean Law is a national family law firm with offices across Canada. Our lawyers have received a number of awards and Lorne MacLean, QC was just named a Top 25 Canadian Lawyer

Calgary Edmonton Advance Legal Costs Lawyers know that Advance Legal Costs are often a creative way for a financially disadvantaged party to access finances that can “level the playing field” of the cost of family law litigation – perhaps especially with a narcissistic ex-spouse.