Minaj's ex-fiancée, Safaree Samuels, is seeking compensation for his contributions to Minaj's success throughout their relationship. Samuels claims to have significant proof of his contributions and he threatened legal action in order to obtain a share of the proceeds from her record sales.
One gossip site suggested that Minaj might be considering settling to avoid additional penalties that could ensue if the matter were to proceed to court.
If Samuels's case were brought in an Ontario family court, Minaj and Samuels would both be wise to consider the potential costs associated with resolving the matter through litigation. Minaj would also be wise to consider the potential outcome of the case as well as the corresponding cost consequences of failing to settle the matter out of court, especially if the court does not rule in her favour.
Rule 24(1) of the Family Law Rules states the presumption that the successful party is entitled to have his or her costs paid by the other party. This means that, in addition to paying her own legal fees and any support or property amount the court awards Samuels, Minaj could also have to pay Samuels's legal fees.
Further, Rule 24(4) gives courts discretion to order costs against any party who has behaved unreasonably during the proceedings even if he or she succeeded in court. This means that even if Minaj succeeded in court, she could still be ordered to pay Samuels's costs if the court found her behaviour unreasonable during the proceedings.
Pursuant to Rule 24(5), the following are considered when determining if a party has behaved unreasonably:
- his or her behaviour in relation to the issues, including whether or not he or she made an offer to settle the matter, starting when the issues arose;
- how reasonable his or her offer was if he or she made an offer to settle; and
- whether he or she withdrew any offer he or she made or failed to accept any offer made by the opposing party.
Accordingly, a Respondent facing claims like those Ms. Minaj is facing can reduce their risk of having to pay costs by making a reasonable offer to settle the matter and considering accepting reasonable offers from the opposing party.