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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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Canada - in terms of when costs are determined in litigation: If

Customer Question

Canada - in terms of when costs are determined in litigation:
If a party is successful on an application to supreme court, does the other party pay the successful party's costs at that time?
What happens if the application is made by a party who does not request costs? Are they automatically entitled to costs if successful from the other party? When are those costs payable?
Or, are costs determined when trial has occured only?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Costs are quite complex and it is not as straightforward as the winner getting costs paid for by the loser. That would be the case only to some extent and if there were no offers to settle provided.If there were no offers and there is a clear winner then that winner may get some of his/her costs paid for by the lose. It is rarely all the costs and in fact most often it is only about 1/3 of the costs. If someone makes an offer and later does as well or better than the offer then that party will normally get an order for costs. There is no automatic entitlement to costs and the party should amend his/her pleadings now to include a request for costs. Costs of motions can be dealt with after the motion or after the trial. Costs of the trial can only be dealt with after judgment is made and that is the only time any offers can be provided to the court.
Customer: replied 2 years ago.

I didn't understand your answer at all. In layman's terms, what and when are costs paid by one party to the other when applications are made prior to trial?

Expert:  Debra replied 2 years ago.
If there is no offer then the loser usually pays 1/3 of the winner's costs.If offers to settle were put in the court looks at the offers and it doesn't matter who wins or loses then because it is based on who does better than their offer. So you can lose and still have your costs paid because you did better than your offer.Again the costs paid would be about 1/3 of the costs in most cases.
Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Debra replied 2 years ago.
This question just came back onto the open list telling me to read your reply but I cannot see a reply.Can you please try again?

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