If a party has had three seperate cost orders awarded against them over the past two years and now has brought forward yet another motion, should one draw attention to the cost orders in arguing how unreasonable this person has been historically?
Cost orders were awarded each time primarily because Offers to Settle were put on the table and rejected. Offers to Settle were very reasonable and were genuine efforts to settle outside of court, thereby avoiding costly litigation for both parties. But the opposing party needed to "win" and was convinced that he would receive the full relief he was seeking.
To put it another way, what impact (if any) does the award of cost orders against one party on three seperate occasions by three seperate justices have on how that party might be viewed by the fourth judge?
Obviously, I intend to respond to the lengthy motion material itself, but I was just wondering if this should also be included somewhere. Is there any value in drawing attention to this pattern of cost orders being awarded in the responding affidavit?
Cost orders were awarded each time primarily because Offers to Settle were put on the table and rejected. Offers to Settle were very reasonable and were genuine efforts to settle outside of court, thereby avoiding costly litigation for both parties. But the opposing party needed to "win" and was convinced that he would receive the full relief he was seeking.
To put it another way, what impact (if any) does the award of cost orders against one party on three seperate occasions by three seperate justices have on how that party might be viewed by the fourth judge?
Obviously, I intend to respond to the lengthy motion material itself, but I was just wondering if this should also be included somewhere. Is there any value in drawing attention to this pattern of cost orders being awarded in the responding affidavit?
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