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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-10-2018, 11:56 AM
WorkingDAD WorkingDAD is offline
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Default Cost Awards for Self-Represented Litigants

just reposting it here in case it was overlooked. Guess whos case made to the paper?

I am luckaly had some break in trials and couts but it was interesting to read that things getting even better

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The highly-publicized decision in McMurter v McMurter30 marked a significant shift in SRL costs awards in Ontario. In McMurter v McMurter, the SRL was successful in a 15-day trial. She requested costs of just over $18,000, which included a $35 an hour rate for her time. The husband argued that her costs should be reimbursed at just $18.32 per hour, which was what she would otherwise have earned at her regular job.

Justice MacLeod-Beliveau disagreed. She pointed out that the SRL was fully
successful in the motion, the case was complex, and that the SRL was exceptionally well-organized and presented her position well. “She did the work of a lawyer in addition to the work expected of her as a litigant.”31 The court held that the work done by the SRL in this case could be likened to that of a junior lawyer or to an experienced law clerk.32 Accordingly, the SRL was awarded costs of $100 an hour, for a total of $30,000.

Building More Layers of Research on the SRL Phenomenon: Upcoming Publications from NSRLP

This week, NSRLP is releasing the first in our upcoming series of Research Reports using material from the SRL Case Law Database.

Since January 2018, a student team (under the leadership of RA Lidia Imbrogno) has been building a detailed database of decisions that affect SRLs and reflect an emerging jurisprudence. [...]

The first CLD paper published today is by Lidia Imbrogno, and reviews the state of the law across Canada on cost awards to successful SRLs. It shows how the courts are having to adjust to the phenomenon of considering costs for individuals other than lawyers on retainer. This is important information for:

Successful SRLs who may want to seek costs for their time Lawyers representing clients with an SRL on the other side – anticipating that their client could be ordered to pay costs for the work of the SRL on the other side
Pro bono counsel who can be compensated using the same principles of “time value”

We shall be publishing further Research Reports in the CLD series over the summer. [...]

Also upcoming this summer are the results of NSRLP’s Transcripts Research Project. In response to years of complaints and queries from SRLs about difficulty of accessing transcripts – which are also very costly – we decided to do a country-wide review of procedures. Read More

https://representingyourselfcanada.c...s-for-SRLs.pdf
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Old 05-10-2018, 01:49 PM
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plainNamedDad44 plainNamedDad44 is offline
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most excellent, thank you WD
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Old 05-10-2018, 06:56 PM
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Rioe Rioe is offline
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So basically things are heading to a point where, if you lose, you aren't going to save any money on costs just because your opponent was self-represented instead of lawyered up. Less incentive for people to continue to court because they believe they have less to lose even if they lose.


I like it, though I do wonder if it will give people more incentive to self-represent, knowing they can recoup their lost income from time off work, and then some, if they win. It might clog the courts up more with self-represented people who may need more time and direction.
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Old 05-11-2018, 08:36 PM
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arabian arabian is offline
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yeah ok..

go to law school and then article for a year or two and then you can apply to the bar

Love to hear that your lawyer is excellent. You are winning your case in every direction correct?
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