What is the test for calculating costs in family litigation?

British Columbia, Canada


The following excerpt is from Pinto v. Pinto, 1998 CanLII 4714 (BC SC):

The respondent relies upon the decision of Huddart J. in Louie v. Louie, (14 August 1996) Vancouver A932415 (S.C.) where, at para. 7 of her reasons Huddart J. states: The principle governing costs in family litigation is that they should follow the event, unless the court exercises its discretion to make a different order. In exercising that discretion a trial judge may take into account factors that include the conduct of the parties in the litigation, the purpose of the award of judgment, any hardship that would result to either party, and the earning capacity of each party. In departing from the usual rule it is important not to upset the balance achieved by the award itself. The onus of persuading a court that it should depart from the usual rule rests on the unsuccessful litigant.

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