The Use of Summary Judgment Procedures Against SRLs

The Use of Summary Judgment Procedures Against SRLs

Described by one media commentator as “groundbreaking”, NSRLP releases its research report on how summary judgments are being used to dismiss cases involving SRLs as plaintiffs or defendants before they reach trial. While the courts struggle to weed out cases without merit that might take up valuable court time, there is an emerging access to justice issue when the success rate of such applications against SRLs reaches 98 or 99%.

NSRLP – The Use of Summary Judgment Procedures Against SRLs

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Comments (4)

  • patti farnell

    That is so true in Oz too. Also, increasingly, Courts are actually refusing to allow SRL’s to even file an application . The problem with this latter is they will use a point of law such as “an abuse of process” even when its not and without a lawyer to point to the fact its not there is little the SRL can do. It seems to me also SRL’s do not get sufficient information as regards warning them that have to ensure Judges are aware of facts, evidence, etc in their unread affidavits – a major problem in Australia.

    November 17, 2015 at 12:56 am
  • Allen

    What do you know, about 2 hours ago, I had a judge who is supposed to be a case manager advise the lawyer for the woman who rear -ended my car to go and file summary judgement application against me because the lawyer who filed my Statement of Claim should have gotten leave to proceed to file the Statement of Claim since I was declared a vexatious litigant in 2012. I previously filed for leave for myself but that judge granted me leave to only respond to the application the lawyer had then filed against my lawyer who immediately withdrew as my lawyer.

    The VLO against me says I am not to initiate any proceedings without leave of the court. Off course there is conflicting jurisprudence about a court’s inherent right to do that but that judge did issue that bogus order against me. Each attempt at the Alberta Court of Appeal to address that bogus order was met with more bogus behaviour. I had an application right there before the judge supposed case manager for him to clarify whether this case was caught by the VLO since the lawyer filed the claim and not me. The rules are clear that he must hear every application before him but he refused to hear mine today while he tried to tie my hands so she could go and do the SJP. Then the rude critter let me know I have a “reputation” and how the lawyer who was just lying from here to hell that her reputation was stellar. I politely asked him if by his saying her reputation was stellar that he meant mine was not but he mumbled something that I did not quite get. Like I have been saying Judge Robin Camps rogue behaviour is typical alberta judges’ conduct

    I am writing a very polite letter to this fake judge and ask him to explain what he meant by my reputation. If it would not be rude I would tell him all the examples of judges’ dirty behaviour that I know about and then explain reputation to him but then that I can do later. I don’t know why these judges still think people think highly of them. School children in England see them as well trained priveleged crooks but it is a pity people do not get to tell them

    I am copying the letter to him to the CJ, the legislature, the Ag and some other party leaders in the legislature

    November 19, 2015 at 12:00 am
  • NSRLP’s Summary Judgment Research Report: Finding a Balance between Process Efficiency & Access to Justice | The National Self-Represented Litigants Project

    […] received many, many, reactions to NSRLP’s Summary Judgment Report, published 6 weeks before the end of […]

    January 6, 2016 at 2:28 pm
  • A Punitive Costs Award Against a SRL – and the Lawyers Who Gloat – NSRLP

    […] It is also a curious framing of the judgment. Sanzone v Scheter (2016 ONCA 566) turns out to be a (highly unusual) successful appeal by a SRL against summary judgment, a procedure that NSRLP has shown is used regularly against SRLs by represented parties and has an extraordinary succe…. […]

    October 31, 2016 at 2:58 pm

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