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Difference between revisions of "Resolving Family Law Problems in Court"
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* '''Trial:''' The court makes its final decision about the orders the parties request in their claim and counterclaim at trial. A trial is a formal hearing where the parties and their lawyers (if they have them), appear before a judge and present their evidence by calling on live witnesses to give testimony. The parties or their lawyers provide their argument (submissions) which tells the court why it should make the orders listed in their claim or counterclaim. In BC Supreme Court, a summary trial is the same as a trial except that the evidence from parties and their witnesses is given by affidavit, as opposed to each person appearing in-person to tell the court their evidence. A BC Supreme Court summary trial can resolve some or all of the orders the parties are asking for in their claim or counterclaim. For simplicity, when we use the term ''trial'', we refer to both summary trials and traditional trials. | * '''Trial:''' The court makes its final decision about the orders the parties request in their claim and counterclaim at trial. A trial is a formal hearing where the parties and their lawyers (if they have them), appear before a judge and present their evidence by calling on live witnesses to give testimony. The parties or their lawyers provide their argument (submissions) which tells the court why it should make the orders listed in their claim or counterclaim. In BC Supreme Court, a summary trial is the same as a trial except that the evidence from parties and their witnesses is given by affidavit, as opposed to each person appearing in-person to tell the court their evidence. A BC Supreme Court summary trial can resolve some or all of the orders the parties are asking for in their claim or counterclaim. For simplicity, when we use the term ''trial'', we refer to both summary trials and traditional trials. | ||
* '''Costs:''' This has a specific meaning in BC Supreme Court. ''Costs'' are what one party must pay another party based on a formula set out in the Supreme Court Family Rules. Costs are usually payable by the unsuccessful party, but costs orders can also be made against parties that behave poorly or act unreasonably. Since a party might receive a costs award in one application where they were successful, have mixed success in another application, then be unsuccessful at trial, etc., costs are usually tallied up and sorted out after litigation has ended. Parties may then settle costs by agreement, or go before the Registrar to have them determined for them. Costs mean that there are some financial consequences for pursuing a weak claim (or resisting a stronger one), but costs will almost never compensate even the most successful party for what they actually spent on legal fees and other expenses. Judges retain a lot of discretion to decide costs consequences for specific hearings, deprive or reward costs for parties, and use costs as a mechanism to discourage unreasonable behaviour. | * '''Costs:''' This has a specific meaning in BC Supreme Court. ''Costs'' are what one party must pay another party based on a formula set out in the Supreme Court Family Rules. Costs are usually payable by the unsuccessful party, but costs orders can also be made against parties that behave poorly or act unreasonably. Since a party might receive a costs award in one application where they were successful, have mixed success in another application, then be unsuccessful at trial, etc., costs are usually tallied up and sorted out after litigation has ended. Parties may then settle costs by agreement, or go before the Registrar to have them determined for them. Costs mean that there are some financial consequences for pursuing a weak claim (or resisting a stronger one), but costs will almost never compensate even the most successful party for what they actually spent on legal fees and other expenses. Judges retain a lot of discretion to decide costs consequences for specific hearings, deprive or reward costs for parties, and use costs as a mechanism to discourage unreasonable behaviour. | ||
* '''Judge:''' Both levels of court have their own judges. In the BC Supreme Court there are a few different judicial roles relevant to family law actions. In BC Supreme Court, the term ''judge'' typically refers to a full ''Justice'' of the court, someone with the power to make final or interim decisions for any type of claim, and under any kind of procedure. An '' | * '''Judge:''' Both levels of court have their own judges. In the BC Supreme Court there are a few different judicial roles relevant to family law actions. In BC Supreme Court, the term ''judge'' typically refers to a full ''Justice'' of the court, someone with the power to make final or interim decisions for any type of claim, and under any kind of procedure. An'' associate judge ''(formerly called a ''master'' of the court) has more restricted jurisdiction, but is an important judicial officer especially for family law cases in the BC Supreme Court. Associate judges can hear and decide on ''interim applications'' (where interim and procedural orders are made) but they cannot preside at trial or issue a ''final judgment''. The other judicial role within the BC Supreme Court to be aware of is that of the ''Registrar'', who can preside over limited and specific types of hearings (e.g. hearings to settle costs). The kind of BC Supreme Court judge that might hear your application depends on the orders you are asking the court to make. In the litigation chapters "judge" is used to refer to all types of judges in both courts. | ||
===The court process in a nutshell=== | ===The court process in a nutshell=== | ||
