Understanding Legal Costs in Family Law Cases in British Columbia

When we're navigating a family law case, our legal fees are often a primary concern. But what if we also had to pay a portion of our ex-partner's legal bill? In British Columbia, this is a real possibility, and it's a concept called "costs."

Understanding how costs work is crucial because it can dramatically affect the financial risk of our case. The rules vary significantly depending on which court we are in.

What Exactly Are "Costs"?

In a lawsuit, costs are a sum of money the unsuccessful party is ordered to pay to the successful party. This isn't meant to be a punishment. Instead, it’s a way to partially reimburse the winner for the legal expenses they incurred to achieve a fair result.

It’s important to know that costs usually don't cover the entire lawyer's bill. They are calculated based on a tariff in the court rules and are designed to promote fairness and discourage unreasonable behaviour in litigation.

The Big Difference: Supreme Court vs. Provincial Court

The most important factor in determining costs is the court our case is in.

BC Supreme Court: Costs Are the Norm

In the Supreme Court of British Columbia, there is a clear default rule: the winner gets their costs.

The Supreme Court Family Rules (Rule 16-1(7)) state that costs must be awarded to the successful party unless the judge specifically orders otherwise. The goal, outlined in Rule 1-3(1), is to encourage cooperation and minimize expensive, lengthy court battles.

The court's intention is to guide how we approach our lawsuit. As noted in the case of Karpodinis v. Kantas, the rule on costs exists to encourage reasonable choices and strategies. If the winner wasn't awarded their costs, there would be less incentive for parties to act reasonably.

BC Provincial Court: No Costs in Family Law

In the Provincial Court of British Columbia, the opposite is true for family law matters. Costs are not typically awarded to either party, regardless of who wins. This court is designed to be more accessible, especially for self-represented litigants, and removing the risk of paying the other side's costs is a key part of that accessibility.

How Does the Supreme Court Decide Who "Won"?

Costs in British Columbia

Winning in court isn't always a clear-cut victory on every single point. For things like interim applications (governed by rules like 10-1 and 10-5), the court uses the "substantially successful" test.

As explained in Rattenbury v. Rattenbury, a judge won't go through every minor detail. Instead, they will:

1. Look at the major, substantive issues in dispute.

2. Assess how much success each party had on those key issues.

3. Determine who was more successful overall.

   
   

Think of it like a sports match: we don't have to win every single play to win the game. The party who wins on the most important issues is considered "substantially successful" and will likely be awarded costs.

Frequently Asked Questions (FAQ)

Q: If I win my case in Supreme Court, will my ex have to pay my entire legal bill?

A: No, almost certainly not. "Costs" are a partial reimbursement based on a set scale (the tariff). They are not a full repayment of your lawyer's fees.

Q: Can a judge in the Supreme Court of British Columbia decide not to award costs even if I win?

A: Yes. The judge has the final say. If the judge feels that the "successful" party acted unreasonably, prolonged the conflict, or was unsuccessful on several key issues, they can choose to award them only partial costs or no costs at all.

Q: Why do these rules exist?

A: The risk of having to pay costs in Supreme Court is a powerful incentive. It encourages parties to make reasonable settlement offers, focus on the real issues, and avoid bringing unnecessary applications to court, which saves everyone time and money.

The Importance of Court Selection

The court we choose for our family law matter has significant financial implications. While the Provincial Court removes the risk of a costs award, the Supreme Court uses that very risk to manage behaviour and encourage efficient resolutions.

Our conduct throughout the legal process matters. Being unreasonable or refusing to cooperate can have a direct financial consequence in the Supreme Court.

Conclusion

Navigating family law can be complex and emotionally taxing. Understanding the implications of legal costs is essential for making informed decisions. We should always discuss the potential for a costs award with our family lawyer before starting or responding to a court action.

If you're facing a family law issue, we invite you to schedule a free 30-minute consultation with our office. Our experienced South Surrey Family lawyers are here to help you confidently navigate these challenging times.