Sentences with phrase «approached by litigants»

Not exact matches

There's room to suggest that part of the reason for that is the belief that approach is necessary to ensure that litigants aren't prejudiced by their lawyers... failings.

Litigants and litigators are likely to become more confused in the future than they ever were by the standard of review analysis: at least the categorical approach's predecessor comprised four fixed factors.

One question posed by the discussion paper asks: «Do you think the Courts» approach to costs should be applied uniformly or be adapted based on litigation type or whether the unsuccessful party is a self - represented litigant?»

The provincial government, however, defends its approach, arguing that its twin objectives of cost - recovery and rationing of court time not only are legitimate within its constitutional power to administer courts, but are in fact ways of ensuring access to justice by making sure that at least some court time is available to all litigants.

Importantly, this requirement, and thus the approach based on it, does not depend on the nature of the litigants, as both the exemption regime defended by B.C. and other governments and the attempt to ground a right of access to courts in s. 7 of the Charter do.

The concerns with the approach in Mitchell were that it resulted in a windfall to the opposing party, who was left to sue his solicitors; it added to the cost of litigation through increased premiums; and an unduly strict approach encouraged unco - operative behaviour by litigants.

In the absence of the «offending» George v. Harris factors, it is not in the interests of the proper administration of justice to adopt an overly technical approach in scrutinizing a Notice of Motion that will prevent litigants from determining whether there is a legal basis for them to access the protection provided by the Policy.

These approaches, and other variations on them, are often undertaken by less frequent litigants with less experience engaging in eDiscovery, and in certain narrow circumstances (i.e., very small, simple matters with no reason to mistrust custodians), they may be a reasonable choice.