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Can a family court impose costs against a party for bringing an unnecessary motion?

TSL Written by the Treadstone Law team· Updated August 2026

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.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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