The term “provisional costs” (provision pour frais) is used when a Court orders that a richer party pays for the not-so-rich party’s lawyers and other expenses. The idea is to make justice accessible and to level the playing field for vulnerable people.
Provisional costs in civil matters:
The Code of Civil Procedure (Quebec) specifically provides for provisional costs in certain circumstances in family matters. When it comes to other civil matters, like, for example, successions, the situation is not so clear, though. Yes, in the situations including vulnerable persons the courts still may allow provisional costs. Like wrongfully dismissed employees or victims of a fraudulent behavior of their mandataries and trustees. The courts still may allow provisional costs. But historically they are much more reluctant to do so.
We did it:
In one of its recent decision, Stinenko c. Succession de Günther the Superior Court of Quebec, applying criteria from the Supreme Court case B.C. v. Okanagan Indian Band. Reiterated that provisional costs may be granted exceptionally in non-family-related cases if there is a clear financial disparity between the parties. To the extent that one of the parties will be deprived from an opportunity to proceed with her case absent of provisional costs. If the vulnerable party has some clear right on its face and if there are some special circumstances justifying such a decision. Particularly, the Court cited trust issues and family patrimony questions, which are not uncommon in the succession matters.
Awarded Amount: $45 000:
The awarded amount for a financial expertise is particularly high for this kind of a claim. Yet it should be taken into account that the value of succession in question was cited to be worth of $ 19,000,000 and some potentially fraudulent maneuvers were alleged. This, apparently, made the Court inclined to grant money for the required financial expertise in the interests of justice.
Importantly, the leave to appeal in Stinenko c. Succession de Günther was dismissed.
We fight for you !
Lawyers in the Allen Madelin law firm work often with files requiring to apply for provisional costs. The task is complicated and the result is never guaranteed, yet our firm is not afraid of challenges and always there to fight for our clients.
If you believe that your case might involve provisional costs, do not hesitate to contact us at 514-904-4017 or via email: [email protected]. We offer your first consultation at $ 125 plus tax. It might happen in person or via phone, Zoom and Skype. During this first consultation, you will have a chance to discuss your situation with a lawyer and decide how you would want to proceed.
