BURNS v ARAGON

Following a nine-year family property dispute, the self-represented Plaintiff, who had been successful on most issues at Trial, sought more than $107,000 in costs and disbursements, including double costs based on rejected settlement offers. The Defendant, also self-represented, filed no response.

Justice Loparco confirmed that self-represented litigants are generally not entitled to costs, but Rule 10.31(5) permits such an award in exceptional circumstances. The Court found those circumstances existed here. The litigation had been prolonged and complicated by the Defendant’s repeated non-disclosure, evasiveness, non-compliance with Court Orders, missed questionings, and contempt. That conduct undermined settlement and efficiency and justified a costs award to the Plaintiff despite her self-represented status.

The Court declined to award double or enhanced costs under Schedule C. Instead, considering the Defendant’s conduct, the Plaintiff’s success, expert disbursements she had been forced to incur, and the rejected settlement offers, the Court awarded a lump sum of $32,100 for all costs and disbursements.