Can a family court impose costs against a party for bringing an unnecessary motion?
Yes. Ontario family courts have broad discretion under the Family Law Rules to award costs, and bringing a motion that turns out to be unnecessary, premature, or poorly justified is a common basis for a costs order against the party who brought it. This is part of a broader approach in family litigation that treats costs as a tool to discourage bringing matters to court that could have been resolved without a motion, or that were brought without a solid basis.
Whether costs follow, and how much, depends on factors like whether the motion was genuinely needed at the time, whether the other side offered a reasonable alternative beforehand, and how the motion was ultimately decided. A motion that's dismissed, or that addresses an issue the parties could have resolved by agreement, is more likely to attract a costs order against the party who brought it than one that succeeds or addresses a genuinely urgent problem. Because the risk of an adverse costs order is real, anyone considering a motion should get legal advice on whether it's actually necessary and well-supported before filing it, rather than treating a motion as a routine or low-risk step.
Key takeaways
- Family courts have broad discretion under the Family Law Rules to award costs on motions.
- An unnecessary or poorly justified motion is a common basis for a costs order against the mover.
- Whether the motion succeeded and whether alternatives were reasonably available both matter.
- Get legal advice on whether a motion is truly necessary before filing, given the costs risk.