Costs after a court step

What is it for?

Rule 24 — Costs governs whether one party must contribute to another party’s expense of a court step and how much. A motion, conference or trial can each raise a costs question; costs do not have to wait until the whole case ends. The court decides costs after a step or expressly reserves them, and can still address costs later if it did neither.

What it can and cannot do

There is a presumption that the successful party gets costs for the step, but the outcome is not mechanical. Divided success, conduct, offers, reasonableness and proportionality can change the result. A lawyer’s invoice does not automatically become the costs award. Costs address litigation expenses and conduct; they do not decide the underlying parenting, support or property issue.

Before the hearing: prepare for costs

1. Identify the step and outcome you seek.Separate the costs of this motion or conference from expenses of the whole case. Note what relief you sought, what the other side sought and what actually happened.
2. Discuss costs if appropriate.Rule 24(17) requires parties to confer or make best efforts to confer orally or in writing before each step to try to settle costs, subject to the rule’s no-contact and safety exceptions. Keep a dated record of the proposal and response.
3. Organize proof.Record fees and disbursements attributable to the step, dates, work, rates, amounts paid or owing, and receipts or invoices. A self-represented party should separately record any actual lost remunerative work and proof of it.
4. Be ready to speak to costs.Rule 24(18) expects oral submissions and supporting documentation at each step. Prepare a short answer to: who succeeded, what conduct matters, what offers matter, what amount is reasonable, and what documents prove it.

How the court decides who pays

• Success and divided success: Rule 24(3) starts with a presumption in favour of the successful party; Rule 24(4) allows apportionment where success is divided.
• Unreasonable conduct: even a successful party can lose some or all of their costs or pay some of the other party’s costs. The court can consider conduct and settlement offers.
• Unproductive attendance: under Rule 24(9), a party who fails to attend, is unprepared, or makes a step unproductive faces a costs order unless the interests of justice justify otherwise.
• Bad faith: under Rule 24(10), if the court finds bad faith it must decide costs on a full-recovery basis and order immediate payment. A mistaken position, losing, or even unreasonable conduct alone is not automatically a bad-faith finding.
• Representative conduct: Rule 24(11) permits certain orders against a lawyer or other representative personally for wasted costs after an opportunity to be heard.

Asking for full recovery: identify the specific act, evidence of bad faith, costs it caused, and the amount requested. Labeling a motion “bad faith” without evidence does not establish the Rule 24(10) threshold.

Offers to settle and costs

A written offer can reduce litigation and later affect costs. Rule 24(12) has specific enhanced consequences when its conditions are met, including timing, the offer remaining open and unaccepted, and a final result as good as or better than the offer. The party relying on that comparison bears the burden under Rule 24(13). For a motion the offer generally must be made at least one day before; for a trial or other hearing, at least seven days before. Read the entire rule and any court order before claiming this effect. See Making an offer to settle for the preparation and service steps.

How much can be awarded?

Rule 24(14) asks whether costs are reasonable and proportionate for this step. The court can consider the parties’ conduct, time spent, offers, fees and rates, the number of lawyers, experts, expenses and other relevant matters. Under Rule 24(15), claims for fees and expenses need documentation satisfactory to the court. If you oppose the other party’s claimed fees or expenses, Rule 24(16) calls for documentation of your own fees and expenses to the court and the other party.

To challenge an amount, identify particular entries and why they were unnecessary, unrelated to this step, duplicated or disproportionate. Distinguish “the work was billed” from “this is a reasonable amount to shift to the other party.”

Can a self-represented person ask for costs?

Yes. Keep receipts for court fees, service, necessary copying or other claimed disbursements, and evidence of any remunerative work you actually gave up. The Ontario Court of Appeal’s Fong v. Chan decision recognizes that time doing lawyer-like work may be compensable where a self-represented litigant proves an opportunity cost from foregoing remunerative activity. Routine time any party spends on a case is not simply charged at a lawyer’s rate.

If you took unpaid leave, document the date, hours, usual pay, pay stub or employer confirmation, and whether the time was spent on court-required work or attendance. You may request the amount and explain the connection; the judge decides whether it is a recoverable, reasonable cost on the evidence. Do not assume every missed workday will be reimbursed.

Timeline and written submissions

1. Before each step: make best efforts to discuss costs under Rule 24(17), subject to the stated exceptions. Prepare supporting records and a short oral position.
2. At the hearing: be ready to address costs immediately. Ask for a defined amount, for costs reserved, or for no costs, with brief reasons and proof. If the other party seeks costs, respond to success, conduct, proportionality and their documentation.
3. If the judge orders written costs submissions: Rule 24(19) generally gives each party 15 days after the court requires submissions, and the party responding to another’s submissions 30 days, unless the court orders otherwise. Submissions are generally 3 pages, or 5 pages for trial costs, excluding required costs documentation. Check the exact order for sequencing.
4. After the costs order: read whether payment is immediate, due on a stated date, or reserved to a later step. Keep the order and supporting documents in the continuing record under Rule 9.

Hot points to remember

• Not only the final winner: costs may follow individual steps.
• Evidence matters: tie each expense and conduct point to the step and support claimed fees or expenses with documents.
• Full recovery is exceptional: Rule 24(10) requires a finding of bad faith; ordinary disagreement is not enough.
• Offers matter: Rule 18 governs making and serving them; current Rule 24 governs the costs consequences.
• Withdrawal can also trigger costs: Rule 12(3) has a specific rule for a withdrawn pleading or claim.

Other Rule 24 tools

Security for costs under Rule 24(20) onward is a separate, advance request made by motion under specified conditions; living outside Ontario alone does not automatically mean security must be posted. Rule 24(25) also permits an order for money to cover part or all of the expense of carrying on the case, including lawyer’s fees. These are distinct from an ordinary costs decision after a court step and need their own request and supporting evidence.

Forms, page limits and Ottawa filing

There is no single mandatory “costs request form” for an ordinary oral request after a step. Bring an organized costs outline and documentation; if the court directs a written submission, follow Rule 24(19)’s page and deadline limits and the judge’s order. A standalone motion for security or funding uses the applicable motion forms and motion process, with its service, evidence and confirmation deadlines.

For documents the court directs you to file, use the provincial family filing direction and East Region direction. Keep accepted filing confirmation; Case Center uploading does not count as filing. This page is general Ontario legal information with an Ottawa Superior Court focus; follow any specific direction or order in your case.