Our top BC family lawyers often get asked: Who Pays Costs in BC Family Cases?
Who Pays Costs in BC Family Cases? Tel: 604 602 9000
In British Columbia Supreme Court family law cases, costs usually follow the result: the substantially successful party is generally entitled to costs unless the court orders otherwise. This is different from BC Provincial Court that is designed to be more accessible and so family matters in this court generally do not involve an award of costs to either party to maximize accessibility through minimizing the risk of paying the other party’s legal costs.
Vancouver Who Pays Costs in BC Family Cases? Tel: 604 602 9000
If you are ever involved in a lawsuit, legal fees are usually your primary concern. In a BC family law matter, these concerns may be somewhat alleviated through what the courts refer to as “costs”. In the BC Supreme Court, costs of a family law case must be awarded to the successful party, unless the court otherwise orders.
What Are Family Law“Costs”?
Costs are amounts the unsuccessful party may be ordered to pay the successful party after a court proceeding or application. They are intended, in part, to compensate the successful party for litigation expenses, discourage baseless or unnecessary litigation, and encourage reasonable settlement conduct. In other words, they are meant to partially reimburse the legal expenses that the winner incurred (to split the high cost of litigation fairly between the parties).
Costs may include certain legal fees, court filing and hearing fees, and other permitted litigation expenses. However, ordinary cost awards do not usually reimburse every dollar paid to the winner’s lawyer. They typically only provide partial compensation, rather than full reimbursement.
In Further Detail Tel: 604 602 9000
In Supreme Court family proceedings, ordinary costs are assessed under Appendix B unless the parties agree on the amount, the court fixes a lump sum, or the court orders another form of assessment. Appendix B uses a tariff based on the difficulty of the case and includes specified amounts for matters such as document discovery, contested applications, conferences, examinations for discovery, and trial attendance.
The registrar assesses costs by applying the applicable tariff. The Schedule is exhaustive, meaning a registrar cannot simply add items from another costs tariff that are not included in the family-law Schedule.
Who Is The “Successful” Family Law Party? Tel: 604 602 9000
Success is not determined simply by counting the number of issues won; rather, success in the event has been interpreted as “substantial success”. In a family case involving several claims, the court assesses the whole result, considering the relative importance of the issues and the parties’ overall success. A rough guideline is approximately 75 percent success, but that is not a mathematical test.
For example, a party may succeed on a financially or practically significant support issue while losing on several smaller issues. In this situation, the court may still regard that party as substantially successful.
Even where one party is substantially successful, the court may depart from the usual rule under their discretion to “order otherwise”. Relevant considerations include hardship, earning capacity, litigation conduct, the purpose of the substantive order, and whether costs would undermine the balance achieved by that order. However, financial hardship alone will not necessarily justify depriving a successful party of costs.
Settlement offers can also affect costs. In an appropriate case, the court may award double costs for steps taken after an offer to settle was delivered or served, particularly where the offer ought reasonably to have been accepted.
Then there are special costs.
What Are “Special Costs”?
Special costs are an exceptional form of costs. They are generally intended to punish and denounce reprehensible litigation conduct, rather than provide a routine reward for success.
Special costs are not commonly awarded. They may be ordered where conduct is reprehensible, scandalous, or outrageous. For example, conduct justifying special costs includes, deliberately misleading the court, abusing the litigation process, or persistently breaching court or professional rules. Further, the court may award only a portion of special costs where a full award would be disproportionate.
On an assessment of special costs, the registrar allows fees that were proper or reasonably necessary to conduct the proceeding. The assessment remains subject to reasonableness and proportionality; special costs are not an automatic “blank cheque” for every fee or disbursement.
Who Pays Costs in BC Family Cases? Conclusion Tel: 604 602 9000
Family law cases can be emotionally, financially, and legally complex, particularly when issues such as parenting arrangements, support, property division, and court procedure overlap. Understanding how and when legal costs may be awarded can help clients make informed decisions throughout the litigation process.
Knowledgeable family lawyers play an important role in explaining how the court process works, assessing litigation risks, identifying opportunities for resolution, and helping clients understand the potential financial consequences of each step. If you have questions about costs in a family law matter or want guidance on your options, contact MacLean Family Lawyers at 604-602-9000 to speak with an experienced family lawyer.
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