[mythtv-users] Free US/Canada Listings

R. G. Newbury newbury at mandamus.org
Wed Sep 12 15:10:47 UTC 2007

David Brodbeck wrote:
> On Sep 11, 2007, at 3:12 PM, R. G. Newbury wrote:
>> Up here, and in most of the
>> common law world, the loser in the litigation pays the winner's  
>> legal costs.
> I have really mixed feelings about "loser pays."  I think it would  
> discourage individuals bringing suit against corporations, even if  
> there was a good chance of success, because if they lost they might  
> be bankrupted by having to pay the company's legal bills.  Meanwhile  
> corporations wouldn't be similarly intimidated due to their deep  
> pockets.

This really isn't the place for the discussion but that cuts both ways. 
The RIAA is/was blackmailing people into 'settlements' and admissions of 
wrong-doing by the threat to do just that: bankrupt them by making them 
fight forever. That means that the playing field is tilted in favour of 
the deep pockets.

If the loser pays, the people will not bring frivoulous lawsuits. There 
will be a much keener review of the likelihood of success before papers 
get issued. And even lawyers acting on contingent fees will look more 
closely at what they take on. And up here, lawyers can be personally 
found liable for the costs in certain circumstances. Generally it only 
applies on motions but I suppose it could happen for a full lawsuit, 
although I have never heard of that, probably because a useless lawsuit 
would not make it to trial.

I am peripherally involved in case where I fully expect that the 
defending lawyers will ask for costs jointly and severally against the 
plaintiff and the lawyer arising out of bald lies being made in the 
Statement of Claim. Absent those lies the Claim would not have been issued.

              R. Geoffrey Newbury			
            Barrister and Solicitor
       Suite 106, 150 Lakeshore Road West
          Mississauga, Ontario, L5H 3R2

         o905-271-9600 f905-271-1638
           newbury at mandamus.org

        Helping with the HTTP issue
<a href="http://www.w3.org/Protocols/">HTTP</a>

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