Originally posted on Richard Zorza's Access to Justice Blog:
Julie Macfarlane has a fascinating blog on the emerging jurisprudence in Canada dealing with the award of costs when time is required by an opposing attorney’s wrongful activities. As I understand it, this is analogous to the US Rule 11 sanctions. As described in the blog, the steps to the most recent decision, Bergen v. Sharpe, which ended up with a $200 an hour charge against the wrongful side, were as follows:
1. In family proceedings in Ontario, costs generally follow the award (Rule 24 Family Law Rules). Ergo, successful SRLs may receive costs. In addition, the courts increasingly use costs to penalize parties who delay, prolong proceedings, make unreasonable claims and refuse to consider settlement (more below).
2. Bad behaviour that would lead to an award of costs in favour of a represented party will similarly lead to an award of costs to a SRL (among others, Fong v…
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