Incomplete Justice: The Costs of Partial Indemnity
نویسندگان
چکیده
In the mid-twentieth century, Ontario abandoned a simple, full indemnity costs rule in favour of discretionary, partial regime with hundreds sub-rules. This article argues that this was mistake. Partial has no doctrinal, principled, or practical benefits cannot be incorporated into regime. Additionally, carries significant to access justice. Instead, proposes incorporates best features both old and new brief, it rule; capped at losing party’s costs; exceptions for divided success, impecuniosity, public interest cases; discretionary fines engaging misconduct dilatory tactics. Collectively, these rules would advance justice more than existing
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ژورنال
عنوان ژورنال: Windsor Yearbook of Access to Justice
سال: 2022
ISSN: ['2561-5017', '0710-0841']
DOI: https://doi.org/10.22329/wyaj.v38.7391