2,667
edits
Difference between revisions of "Behaviour, Boundaries and Privacy after Separation"
Jump to navigation
Jump to search
Behaviour, Boundaries and Privacy after Separation (view source)
Revision as of 20:53, 25 March 2020
, 20:53, 25 March 2020→The consequences of bad behaviour
| Line 133: | Line 133: | ||
===Costs=== | ===Costs=== | ||
The Supreme Court has the ability to make "costs orders" under [https://www.canlii.org/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html?autocompleteStr=supreme%20court%20family%20&autocompletePos=1#Part_16_Costs_521146 Rule 16-1]. An award of ''costs'' is a requirement that one side to a court proceeding pay to the other side a sum of money that compensates the other side for the time and money they had to put into the court proceeding. In general, the successful side is entitled to have their costs paid by the other side, and an award of ''ordinary costs'' usually works out to somewhere between a third and half of the money the successful side spent defending or prosecuting their case. An award of ''special costs'', however, is a lot closer to the total amount the successful side spent on their case. | The Supreme Court has the ability to make "costs orders" under [https://www.canlii.org/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html?autocompleteStr=supreme%20court%20family%20&autocompletePos=1#Part_16_Costs_521146 Rule 16-1] of the [http://canlii.ca/t/8mcr rules of court] used in family law disputes. An award of ''costs'' is a requirement that one side to a court proceeding pay to the other side a sum of money that compensates the other side for the time and money they had to put into the court proceeding. In general, the successful side is entitled to have their costs paid by the other side, and an award of ''ordinary costs'' usually works out to somewhere between a third and half of the money the successful side spent defending or prosecuting their case. An award of ''special costs'', however, is a lot closer to the total amount the successful side spent on their case. | ||
Special costs awards are made to punish a party for how they managed their case. When assessing special costs under Rule 16-1(2)(b), the court is required to consider "the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the family law case." | Special costs awards are made to punish a party for how they managed their case. When assessing special costs under Rule 16-1(2)(b), the court is required to consider "the conduct of any party that tended to shorten, or to unnecessarily lengthen, the duration of the family law case." | ||
| Line 139: | Line 139: | ||
===Misuse of court process=== | ===Misuse of court process=== | ||
Under section 221(1) of the ''Family Law Act'', the court may make an order stopping someone from making further applications or continuing a court proceeding without first getting permission from a judge if that person has | |||
<blockquote><blockquote><tt>(a) has made an application that is trivial,</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(b) is conducting a proceeding in a manner that is a misuse of the court process, or</tt></blockquote></blockquote> | |||
<blockquote><blockquote><tt>(c) is otherwise acting in a manner that frustrates or misuses the court process.</tt></blockquote></blockquote> | |||
If the court makes this order, it can also make the person: | |||
#pay the fees and expenses incurred by the other side; | |||
#pay up to $5,000 to, or for the benefit of, the other side or someone affected by the person's actions; or, | |||
#pay a fine of up to $5,000. | |||
===Conduct orders=== | |||
Under section 222 of the ''Family Law Act'', the court can make ''conduct orders'' if necessary to "manage behaviours that might frustrate the resolution of a family law dispute" or to "misuse of the court process." The conduct orders that are available to the court are listed in sections 223 to 227, and include orders: | |||
#striking all or part of a claim or an application; | |||
#requiring someone to attend counselling; | |||
#restrictring communication between the people involved in a court proceeding; and, | |||
#requring someone to pay ''security'' into court, a cash deposit made to guarantee the person's good behaviour. | |||
===Damages=== | ===Damages=== | ||