[mythtv-users] Free US/Canada Listings
R. G. Newbury
newbury at mandamus.org
Wed Sep 12 15:14:03 UTC 2007
Brian Wood wrote:
> 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.
>
> Another problem is that such a system discourages out-of-court
> settlements. I used to be involved in arbitrations that had "loser pays"
> clauses. When a case would settle both parties would refuse to pay,
> stating that they "didn't lose".
>
Hmmm. My experience is that often the parties agree to settle and either
cover their own costs, or the settlement figure is an inclusive one,
where the party covers his costs out of the gross amount, or as is more
comnon where the claim is a good one, but the fight is about the
damages, there is an allowance above the agreed damages, for the costs
of the party. That number is a 'out of thin air' guesstimate by the
lawyers as to what might be a reasonable figure and doesn't necessarily
match what the actual costs are.
G.
--
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
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