Friday, August 15, 2003

Some details on CANADIAN LEGAL PROCEDURE are posted by David Bernstein on the Volokh conspiracy. What struck me is that the "loser pays" rule applies not just to the outcome of the main case, but to all motions that are made. This means that litigants do not try to smother the other side with trivial paperwork. Also, there is a rule that if one side offers a $50,000 settlement and the other side wins, but only wins $30,000, then the *loser* gets his costs paid, at a special high rate, for any costs from the date of the settlement offer. Good ideas!

[ http://php.indiana.edu/~erasmuse/w/03.08.15a.htm ]

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