What factors does a judge weigh when deciding how much to award in costs?

Ontario family courts have broad discretion under the Family Law Rules when deciding costs, and a judge weighs a range of factors rather than applying a fixed formula. These typically include the outcome of the matter and how each party's position compared to the result; whether a party made or rejected a reasonable offer to settle; each party's conduct during the case, including whether they complied with disclosure obligations and court timetables; whether either side acted unreasonably, took unnecessary steps, or caused delay; and the overall reasonableness of the legal fees actually claimed.

A party's behaviour throughout the litigation carries real weight — courts are generally less sympathetic to a party who "won" a point but did so by being uncooperative, hiding disclosure, or bringing unnecessary motions along the way. Because costs decisions are discretionary and fact-specific, similar cases can have quite different costs outcomes depending on how the parties actually conducted themselves. Anyone concerned about costs exposure should focus on cooperating with disclosure, responding reasonably to settlement offers, and avoiding unnecessary steps throughout the case, not just on the merits of their underlying position.