Family law disputes are often emotional, but they are still governed by legal rules — including rules about how parties are expected to behave during litigation. One of the most important (and often misunderstood) tools available to Courts in Alberta is the ability to award costs.
In today’s blog, Peter Graburn, senior family lawyer at Shim Law in Calgary, explains how Courts deal with unreasonable or “uncivil” conduct in family law matters, and how that conduct can directly affect the outcome of a case — sometimes in a significant financial way.
What Are “Costs” in Family Law?
Costs are amounts that one party may be ordered to pay toward the legal expenses of the other party. While many people assume costs are simply tied to who “wins” or “loses,” that is only part of the picture.
In Alberta, Courts have broad discretion to award costs not only to compensate a successful party, but also to encourage reasonable behaviour, discourage unnecessary conflict, promote settlement, and penalize conduct that wastes Court time or increases expense.
In family law, where the goal is often resolution rather than victory, how a party conducts themselves can be just as important as the result they achieve.
Key Factors That Influence Cost Awards
When deciding whether to award costs — and in what amount — Courts will look at a number of factors. Some of the most important include the following.
Unnecessary Complication of the Case
Courts expect parties to keep matters focused, proportionate, and efficient. Where one party unnecessarily complicates the proceedings, the Court may respond through a cost award.
This often happens where a party raises issues that are not truly relevant, brings repeated or overlapping applications without new evidence, or expands what could have been a relatively straightforward dispute into something far more complex. In some cases, procedural steps are taken that add cost without moving the matter any closer to resolution.
Litigation is not intended to be used as a pressure tactic. Where the Court concludes that one party has made the case more difficult or expensive than it needed to be, it may shift that financial burden accordingly.
Reprehensible or Unreasonable Conduct
Courts take a particularly strong view of conduct that is dishonest, abusive, or carried out in bad faith. This goes beyond ordinary disagreement and directly affects the integrity of the process.
Examples can include misleading the Court, failing to comply with Court Orders, advancing serious allegations without proper evidence, or using hostile and inflammatory communications throughout the case. Where this type of conduct is established, Courts may award elevated or solicitor-client costs, meaning a substantially higher portion of legal fees may be recoverable.
The purpose is not only compensation, but also to clearly signal that this type of behaviour will not be tolerated.
Ignoring Reasonable Settlement Offers
Settlement is strongly encouraged in Alberta family law, and parties are expected to make genuine efforts to resolve disputes without proceeding to trial.
Where one party makes a reasonable settlement offer and the other rejects it — only to achieve the same or a worse result at trial — cost consequences often follow. In practical terms, this can mean that the rejecting party is required to pay a portion of the other side’s legal costs, sometimes from the date the offer was made.
This reflects a broader principle that litigation should be a last resort, not a default strategy.
Impact on the Proceedings
Courts will also consider how a party’s conduct has affected the overall course of the litigation. The focus here is not only on what was done, but on what effect it had.
Conduct that causes delay, increases legal costs, requires additional Court appearances, or makes resolution more difficult will often be taken into account. Even relatively small decisions, when repeated over time, can significantly affect the efficiency and cost of a case. Where that impact is clear, cost consequences are likely to follow.
Failure to Provide Disclosure
Timely and complete financial disclosure is essential in family law. Without it, issues such as support and property division cannot be resolved fairly.
Courts take disclosure obligations seriously. Delays, incomplete production of documents, or failure to update financial information can undermine both negotiation and Court proceedings. In many cases, this forces the other party to bring applications simply to obtain basic information.
Where that occurs, Courts will often award costs against the non-compliant party, even if the matter is eventually resolved.
Conduct Affecting Children
In parenting disputes, the Court remains focused on the best interests of the child. Conduct that increases conflict or negatively affects children may also influence cost decisions.
This can include undermining the child’s relationship with the other parent, involving the child in adult disputes, or refusing to cooperate on parenting arrangements. While costs are not used to directly punish parenting decisions, Courts are mindful of how litigation behaviour impacts children. Where a party’s conduct contributes to unnecessary conflict or instability, that may be reflected in a costs award.
Why Cost Consequences Matter
Cost awards can be significant. In some cases, they may represent tens of thousands of dollars or more. More importantly, they can change the overall outcome of a case.
A party who is partially successful on the legal issues may still face substantial financial consequences if their conduct throughout the process was unreasonable.
Final Thoughts
Family law is not intended to be a battleground. Courts expect parties to act reasonably, communicate in good faith, and make genuine efforts to resolve disputes.
Unreasonable conduct — whether through delay, aggression, or refusal to engage in settlement — can have real and lasting financial consequences.
Understanding how Courts approach cost awards can help parties make better decisions throughout the litigation process and avoid unnecessary risk.
Peter Graburn and the family law team at Shim Law assist clients not only in advancing their legal claims, but also in managing litigation strategically — including minimizing exposure to adverse cost awards and encouraging efficient, effective resolution wherever possible.
