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Breakfast for Business Seminar – Costs in Litigation
June 14 @ 7:45 am - 9:00 am
Speakers – Christopher Caruana
Registration – 7:45 a.m.
Breakfast and Seminar – 8:00 a.m. – 9:00 a.m.
You will notice that lawyer commercials in Canada never say “… and you don’t pay unless we win”. Unlike in the United States (where each side pays its legal fees regardless of the outcome),
the general rule in Canada is that the losing party in a lawsuit pays at least part of the winning party’s legal costs of the lawsuit. When are there exceptions to this general rule?
How does a court determine the amount of the “part” to be paid? What are the differences between legal fees and disbursements? How do settlement offers affect cost rules?
How can a defendant ensure that its costs are paid for a blatantly meritless claim by a plaintiff?
Since few cases make it to the courtroom and settle before trial, litigation is often more a war of attrition than a determination of the merits of a dispute. The various rules related to costs
significantly influence the strategies and positions taken by parties as the lawsuit proceeds. Ultimately, all litigation should be viewed with an eye towards return on investment – and yet ROI
cannot be determined without an understanding of the portion of the equation.
Discussions with your lawyer about cost consequences almost always occur after the litigation has commenced and cold, objective considerations are often lacking. This seminar will take you
through the major rules relating to the costs regime in litigation to provide you with an opportunity to consider these rules and their effects on litigation before you find yourself caught up in the
litigation process. It will assist in your ability to determine your lawsuit ROI and whether you should commence litigation at all, settle before trial, or pursue your claim or defence through to trial.