Can a Family Court Judge Order Costs Against Me in Ontario?

Yes, a judge can order you to pay costs, and there is a presumption that a successful party is entitled to the costs of a step in a case. The court decides costs promptly after each step, or reserves them for later. The presumption does not apply in child protection cases.

There are exceptions. If success is divided, the court may apportion costs as appropriate. A winner who behaved unreasonably may lose all or part of their costs. If a party acted in bad faith, the court must decide costs on a full recovery basis, payable immediately. The court must award costs against a party who does not appear or is not prepared, unless it orders otherwise in the interests of justice.

A party who made an offer may be entitled to full recovery of costs from the date it was served if the offer was not accepted, the timing rules were met, and they obtained an order as good as or better than the offer. In setting the amount, the court may weigh each party's behaviour, written offers and legal fees relative to the importance and complexity of the issues. How much depends on the case, so a lawyer can confirm.