1. Purpose: what this process aims to do
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.Check: Family Law Rules — 24
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.Check: Family Law Rules — Rule 24
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.Check: Family Law Rules — 24(3), 24(4)
- 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.Check: Family Law Rules — Rule 24
- 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.Check: Family Law Rules — 24(9)
- 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.Check: Family Law Rules — 24(10)
- Representative conduct: Rule 24(11) permits certain orders against a lawyer or other representative personally for wasted costs after an opportunity to be heard.Check: Family Law Rules — 24(11)
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.Check: Family Law Rules — 24(10)
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.Check: Family Law Rules — 24(12), 24(13)
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.Check: Family Law Rules — 24(14), 24(15), 24(16)
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.”Check: Family Law Rules — Rule 24
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.Check: Family Law Rules — Rule 24
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.Check: Family Law Rules — Rule 24
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Costs outline and supporting documents | Ordinary costs request after a court step. | The step, result, relevant conduct and offers, amount sought, and documents proving fees, expenses or compensable lost work. No single mandatory ordinary costs form. |
| Written costs submission | Only when the court directs written submissions. | Follow Rule 24(19) and the judge’s directions; separate required supporting costs documentation. |
| Motion forms | A separate security-for-costs or litigation-funding request. | Use the applicable Rule 14 motion process and supporting evidence; ordinary post-hearing costs are different. |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 24
3. Put the package together
Before the hearing: prepare for costs
- 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.Check: Family Law Rules — Rule 24
- 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.Check: Family Law Rules — 24(17)
- 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.Check: Family Law Rules — Rule 24
- 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.Check: Family Law Rules — 24(18)
Written costs page limit
If written submissions are directed, the usual Rule 24(19) cap is 3 pages, or 5 pages for trial costs, excluding the required supporting costs documentation. Follow the judge’s order on timing and sequence.Check: Family Law Rules — Rule 24(19)
4. Get it before the court
For ordinary costs, be ready to address them at the end of the event you already booked. A written costs submission follows the judge’s direction. A separate motion for security for costs or litigation funding needs its own motion route; use the motion guide.Check: Family Law Rules — Rule 24(17)–(20), (25)
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Service, filing and the timeline
The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 24
- 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.Check: Family Law Rules — 24(17)
- 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.Check: Family Law Rules — Rule 24
- 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.Check: Family Law Rules — 24(19)
- 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.Check: Family Law Rules — 9
6. Hot points to remember
Hot points to remember
- Not only the final winner: costs may follow individual steps.Check: Family Law Rules — Rule 24
- Evidence matters: tie each expense and conduct point to the step and support claimed fees or expenses with documents.Check: Family Law Rules — Rule 24
- Full recovery is exceptional: Rule 24(10) requires a finding of bad faith; ordinary disagreement is not enough.Check: Family Law Rules — 24(10)
- Offers matter: Rule 18 governs making and serving them; current Rule 24 governs the costs consequences.Check: Family Law Rules — 18, 24
- Withdrawal can also trigger costs: Rule 12(3) has a specific rule for a withdrawn pleading or claim.Check: Family Law Rules — 12(3)
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.Check: Family Law Rules — 24(20), 24(25)