Case Law Database project leader Lidia Imbrogno reports on the emerging and evolving trends in costs awards for self-represented litigants across Canada.
The SRL Case Law Database Project is financially supported by the University of Windsor Law School, the Law Foundation of Ontario, and the Foundation for Legal Research. Thanks to all our funders.
Slow and painful for the for few who have fought for thease precedents
My big compliments to Case Law Database project leader Lidia Imbrogno.
This is very important subject for SLRs. As some time their time is more valuable than a lawyer charging 450 per hour.
This data should come on priority basis.
A good and useful report. In all modesty but hoping to add to it, I would comment with the following:
Courts have often referenced the “reasonable expectation” of parties in making a decision on costs. This lends support to the concept that a represented party that requests its costs, but is found ultimately to be unsuccessful, would expect the other side to have spent an equivalent amount of time and expense on the process and in addressing the issues traversed through evidence and argument. This should be one way of addressing the lack of time docketing by an SRL. Often, this result is implicit in the decision of a judge against the SRL, if not otherwise explicitly addressed in her analysis on costs.
However, I think the entire issue of costs is ripe for legislative intervention to meet present day developments. The legislatures have the only authority to make needed wholesale changes. This is a discussion for another place and time though.