Kirkaldy vs Kachina Powerboats judgement> we won
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Canada uses the same basic system as england, IIRC. Basically it's loser pays all. That's been suggested here as a way to dissuade nuisance or frivolous lawsuits. It really favors those with deep pockets though so if it were ever attempted, some appeals court would likely find it unconstitutional. Plus, the law and court proceedings are often disconnected from reality- I've seen plenty of situations where the guy was entirely in the right, yet lost.
Last edited by Chris Sunkin; 10-29-2007 at 12:14 PM.
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Canada uses the same basic system as england, IIRC. Basically it's loser pays all. That's been suggested here as a way to dissuade nuisance or frivolous lawsuits. It really favors those with deep pockets though so if it were ever attempted, some appeals court would likely find it unconstitutional. Plus, the law and court proceedings are often disconnected from reality- I've seen plenty of situations where the guy was entirely in the right, yet lost.
A stock broker that worked in my Dad's office, invested in a tax shelter real estate deal. He lost all his money. Tried suing and the court basically said that he was a pro licensed investment advisor and therefore was aware of the risks. They would not let the case proceed to trial. I know a car dealer that bought a lemon provable rolled back o.d car his suit against the other dealer same thing. As is and your a pro, so you knew what you where buying. Both appealed and failed to have their cases herd. Courts have also been known to question legal bills as well.
obtain such remedy as the court considers appropriate and just in the circumstances.
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