Frequently Asked Questions
The successful party often receives an order of costs, or payment of money from the other party, to compensate them for their legal fees. Court costs are usually not enough to cover the entire cost of legal fees or out-of-pocket expenses. Costs are ultimately at the discretion of the court. When assessing costs the court considers many factors, including:
A self-represented party can also ask for costs.
Tariff A of The Court of King’s Bench Rules sets out costs. Tariff B sets out disbursements (out of pocket expenses). Tariff A divides different family proceedings into certain classes that are awarded a set amount of costs. For example, a case involving parenting arrangements may have costs awarded of $1,500, just to compensate for drafting and serving the Petition.
Unless the issue of costs is reserved for a later time or dealt with in some way, you may not make a request for costs for that proceeding at a later date. However, even if you did not request costs, the court may have considered costs and referred to them in some way. Here are some of the terms that a judge may use when speaking about costs: