Retainer rate of legal aid lawyer was to be reference in costs proceeding

Family law - Costs - Children born outside marriage

Woman had one child, born in April 2001. Woman alleged that man was father of child. Man denied that he knew woman or had sexual relations with her. Woman brought successful motion regarding request for DNA testing, and was granted leave to obtain DNA paternity test of man and child. Parties made submissions on costs. Woman’s reply submissions regarding bad faith and costs consequences that should have arisen from any finding of bad faith were properly reply submissions and were not struck out or ignored. Man was permitted to respond only to woman’s argument that in determining costs where party was legally-aided, private retainer rate of legal aid lawyer was to be referenced, and that woman could receive costs award that exceeded actual amount of costs actually incurred. Woman was permitted to serve and file and reply to man’s response. Part of woman’s reply submissions respecting her offer to settle was to be struck out because offer to settle was not referred to in woman’s initial submissions as to costs.

W. v. K. (2019), 2019 CarswellOnt 4693, 2019 ONSC 1933, A.C. Trousdale J., In Chambers (Ont. S.C.J.); additional reasons (2018), 2018 CarswellOnt 22064, 2018 ONSC 7765, A.C. Trousdale J. (Ont. S.C.J.).

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