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.
Costs serve three main purposes: to indemnify successful litigants, to encourage settlement, and to sanction unreasonable
behaviour by litigants (Fong v. Chan (1999), 46 O.R. (3d) 330, at para 22).
Combined with limited judicial resources, the need to encourage settlement and discourage inappropriate
behaviour by litigants has never been more pressing.
Encouraging settlement and discouraging inappropriate
behaviour by litigants is important in all litigation — but particularly in family law, and most particularly in custody cases.
LexisNexis already acquired Lex Machina in 2015, which provides analytics for trial strategies based on
behaviours by litigants, counsel and the bench, using Natural Language Processing and Machine Learning.
Not exact matches
This kind of
behaviour is simply intolerable and must be sanctioned
by the court to protect the integrity of the court process and as a warning to the mother and other
litigants that this kind of
behaviour will have significant consequences.