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                       | March 26 , 2024 The Aims  and Results of Costs |  
                       | March 18 , 2024 More Troubles Filing and Serving Court Documents |  
                       | March 14 , 2024 Precedents About Facts  |  
                       | March 11  , 2024 Question of Law or Fact? |  
                       | February 29 , 2024 Disclosure in Chambers |  
                       | February 21  , 2024 Not Attending a Hearing |  
                       | January 31 , 2024 The Suggestions Box |  
                       | January 2 , 2024 Plain Language for Lawyers  |  
                       | December 15 , 2023 Limitation Periods Have Shrunk  |  
                       | November 30 , 2023 Advocacy's Key |  
                       | November 28 , 2023 Motions Fritter Away Time and  Money |  
                       | November 27 , 2023 Will Foreclosure History Repeat  Itself? |  
                       | November 21 , 2023 Rules of Court Bind Even  the King's Bench  |  
                       | November 2, 2023 Records and Affidavit of Records  |  
                       | November 2  , 2023 Uncommon Law  |  
                       | October 20 , 2023 Expanding Judicial Review Evidence |  
                       | June 22, 2023 Competition v. Benefits |  
                       | June 19, 2023 Clogged Courts |  
                       | June 12, 2023 Preparing Applications in  Uncertain Conditions |  
                       | May 8, 2023 Competence is a Delicate Flower |  
                       | March 30 , 2023 Urgent! Very Hard to Meet a Limitation Period |  
                       | March 13 , 2023 Parties to Planning Appeals |  
                       | March 7 , 2023 Costs in Family Law Litigation |  
                       | January 30 , 2023 Dodging Settlement Privilege |  
                       | January 4 , 2023 Lurking Dangers and Errors |  
                       | January 3  , 2023 Your Real Goals |  
                       | December 5 , 2022 Contracts for Higher Costs |  
                       | November 24 , 2022 Scope of Offers to Settle |  
                       | October 13 , 2022 Checklist for Cross-Examination |  
                       | September 16  , 2022 Reviewing Latest Changes |  
                       | August 22 , 2022 First Steps in Problem Solving |  
                       | July 28  , 2022 Checklist of Powerful Procedural Principles |  
                       | March 22  , 2022 Repeating a Cross-Examination Question  |  
                       | January 25 , 2022 Enforcing Land Sales Becomes Easier  |  
                       | January 5 , 2022 Proving a Settlement After a Mediation  |  
                       | November 16, 2021  Types of Injunctions |  
                       | October 1, 2021  Orders After Litigation is Over  |  
                       | August 11, 2021  Discoverability for Limitation Periods  |  
                       | August 5 , 2021  Releases of Claims   |  
                       | June 7 , 2021  Language Used Still Matters   |  
                       | May 17  , 2021  Serving Uncooperative People  |  
                       | April 15  , 2021  Death and After-Life of Contingency Agreements |  
                       | February 22 , 2021  Legal Analysis |  
                       | February 2  , 2021 Costs Clarified at Last |  
                       | January 4 , 2021 Urgent! |  
                       | December 10, 2020 Traps and Confusion in Service Times  |  
                       | November 24, 2020 Don't Cut Corners  |  
                       | October 2  , 2020 Consent Orders  |  
                       | August 4 , 2020 Electronic Hearings  |  
                       | July 21, 2020 Ceasing to Act  |  
                       | June 29, 2020 Writing Skills  |  
                       | June 29, 2020 Keeping Up With the Law |  
                       | June 22, 2020 Assets as a Test for Security for Costs |  
                       | June 19, 2020 What is This Case About? |  
                       | June 11, 2020 Cross-Examining Child Witnesses  |  
                       | May 20 , 2020 Formal Offers |  
                       | May 13 , 2020 Vexatious or Self-Represented Litigants |  
                       | January 7, 2020 G.S.T. and Costs |  
                       | December 20 , 2019 Electronically Navigating the Handbook
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                       | October 7 , 2019 Questioning is a Bad Word |  
                       | July 29  , 2019 Dismissal for Delay |  
                       | May 7 , 2019 Rule 4.31 Fallacies |  
                       | March 18  , 2019 More Dangers in Oral Fee Agreements |  
                       | February 11 , 2019 Weir-Jones Decisions |  
                       | January 9 , 2019 Discouraging Settlements |  
                       | November 30, 2018 European Court Helps You Twice? |  
                       | November 23 , 2018 Courts Overruling Tribunals |  
                       | November 16  , 2018 New Evidence on Appeal |  
                       | October 30 , 2018 Schedule C's Role |  
                       | July 17  , 2018 Loopholes in Enforcing Settlements |  
                      | May 7 , 2018 Enforcement of Procedure Rules 
 April 16, 2018 Limping Lawsuits are OftenDoomed
 
 April 3 , 2018 Court of Appeal Tips forSummary Decisions
 
 March 19, 2018 Serious Dangers in Chambers  Applications
 
 February 13 , 2018 Court Backlog  
 December 18 , 2017 Lowering the Status of  Courts 
 September 15 , 2017 Access to Court Decisions  
 July 4 , 2017 Strictissimi Juris 
 June 14 , 2017 Why Don't Your Clients Settle?  
 June 5 , 2017 Gap in Rules About Parties 
 June 5, 2017 Personal Costs AgainstSolicitors
 
 April 26, 2017 Clogged Courts  
 April 11, 2017 Dismissal for Want ofProsecution
 
 January 6, 2017 Incomplete Disclosure  
 December 15, 2016 Mediation 
 November 23, 2016  Is Contract Interpretation Law?  |  | 
              
                | Welcome  
 
                      
                        |  Côté’s Commentaries   © J.E. Côté 2016-2024 |  
                      
                        |                           THE AIMS AND RESULTS OF COSTS |  
                           A recent decision gives concise well-thought-out passages which every barrister should read. The case is about generally well-run litigation between two large companies, over large sums of money. The justice talks about what costs are suitable in such litigation. And there gives new reasons why sometimes Schedule C is very unsuitable.  The decision also gently lets one see some of the harm which sympathy can do. Sympathy, kindness, and backwards thinking are fairly common when assessing costs in other types of case. Especially when the parties are not wealthy. Encouraging judges to be sympathetic often resembles asking teachers to give all their pupils high marks. Indeed sympathetic costs awards may be worse. Sympathy to one litigant can shortchange the opponent.  Most people reason well about general policy, but when a specific instance comes up, often they tell themselves that the actual instance is exceptional. Just as people having trouble losing weight agree on the need for a diet, but very often, individual meals or snacks seem exceptional. They endorse a good diet, but in practice rarely follow it. (They also have trouble balancing their personal budget for similar reasons.)  Just as gently, the new court decision hints at what businesses want from the courts and maybe often no longer get. There must be a reason why arbitration is so popular now.  See North American Polypropylene ULC v. Williams Can. Propylene ULC (2) 2024 ABKB 152 (Mar 18) (¶’S 41-57).
                       – Hon. J.E. Côté    |  
                | The Commentaries are intended to call the attention of lawyers to promising or threatening developments in the law, in civil procedure, in developing their skills, or simply to describe something curious, funny or intriguing.  The Hon. Jean Côté retired from the Court of Appeal of Alberta and would be willing to act as an arbitrator, mediator, or referee under Rules 6.44 and 6.45 of the Alberta Rules of Court.  He may be contacted through Juriliber at: email: info@juriliber.com or phone 780-424-5345.
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