How Hostility in Family Court Can Cost You

The High Cost of Hostility in Family Court

In an Ontario Court of Appeal decision, a spouse was ordered to pay over a million dollars to their ex-partner. This amount was unrelated to property division, child support, or spousal support. Instead, it was meant to cover the ex-spouse’s legal fees. This ruling highlights the significant financial risks associated with hostile behaviour in family court. Acting out of anger or spite can lead to hefty financial penalties, far beyond what one might expect.

Encouraging Reasonable Conduct

Ontario’s family court judges have the authority to order one spouse to pay the other’s legal expenses if they believe one party has acted unreasonably. This power comes from Rule 24(4) of the Family Law Rules, which aims to discourage vindictive behaviour and reward those who act appropriately. The rationale behind this rule is clear: unnecessary litigation and malicious tactics not only increase legal costs but also burden the court system.

Common Tactics That Backfire

The case of Lakhtakia v. Mehra is a prime example of how certain tactics can backfire. The Court of Appeal identified several common strategies used by spouses to gain an advantage, which often result in severe financial penalties:

Misleading the court, especially regarding financial matters.
Forcing the other party to bring motions to enforce existing obligations.
Using children as leverage in negotiations.
Refusing to negotiate or making unreasonable settlement offers.
Delaying or refusing to pay child support based on admitted income.
Running up the opposing party’s legal fees unnecessarily.
Withholding or concealing financial disclosure.
Ignoring or disobeying court orders.
Intimidating the other party with threats.

Judges, with their extensive experience, can easily recognize these tactics. When they do, they are quick to impose financial penalties, often ordering the offending party to cover all legal costs incurred by their ex-spouse.

A New Emphasis on Cooperation

The changes to the Family Law Legislation in March 2021 further reinforce the importance of reasonable behaviour in family court. New laws under section 7.2 of the Divorce Act and section 33.1(2) of the Children’s Law Reform Act emphasize a legal duty to protect children from conflict during separation. These laws also encourage parties to resolve disputes through negotiation or alternative dispute resolution methods, using family court as a last resort.

The Financial Consequences

The financial consequences of hostile behaviour in family court are severe. Acting with malice or employing underhanded tactics can result in paying not only your own legal fees but also those of your ex-spouse. The best way to avoid these costly outcomes is to engage a knowledgeable family law lawyer and follow their advice. Success in family court often involves being seen as the reasonable, cooperative party.

The Path to Success in Family Court

While the desire to win in family court is understandable, the path to success does not lie in aggressive or deceptive behaviour. Instead, it requires a balanced approach that prioritizes fairness, cooperation, and the best interests of all involved, particularly children. Failing to adopt this approach could result in severe financial penalties, potentially costing millions. In family court, being mean can indeed cost you dearly.

Learn more about how we can assist you in separation and divorce matters or contact us to schedule a consultation and discuss your specific situation in detail.