Lawfare basics, learn your rights and how to fight - Ask Abe

Americans and Canadians have different legal systems, and it might surprise you to know that the Canadian model makes it easier for the common man to resist tyrannical lawsuits from powerful entities (including the government).  I will give two explanations from law firms below: the first is American, and the second is Albertan.


"You’ve just been sued. Or perhaps you’ve been injured or defrauded and want to sue someone. Invariably, one of the first questions clients have for us in these situations is, can I make the other side pay for my legal fees? ...

The “American Rule” versus “Loser Pays” Canadian Rule

Under the “American Rule,” each party is responsible for its own attorney fees—win or lose. This is different than the “English Rule” or “loser pays” rule, where the losing party must pay the other party’s legal fees. Each system has its supporters. Proponents of a “loser pays” system argue that it acts as a deterrent to frivolous claims and defenses. Critics of the system argue that the rule acts as a bar to the courthouse and prevents parties who are financially strapped from protecting their interests.

For now, the general rule in America remains that each party pays its own lawyers".

Source: PS LLC, Firm: Here.

And now The English Rule as explained by an Alberta firm.

"Clients and potential clients often ask whether or not they will have their legal costs paid by the opposition if and when they are successful in their court case.

The idea of paying for an opposing party’s legal expenses is called the Law of Costs. The general rule in Alberta is that a successful party is entitled to costs to be paid by the unsuccessful party. This applies whether you go to a court application or a full trial.

There are two general ways in which the Court calculates how much cost to award to a party: Schedule C costs and solicitor-client costs.

All costs awards are discretionary, meaning that Judges are fully able to choose not to apply the standard rules and make whatever costs award they deem fair."

Source: Smith and Little

If you need a lawyer or further legal advice, contact the firms at the links given, dependent on your jurisdiction. I don't know these lawyers, but I appreciate their educational web-presence. 

 

 

 

 

 

 

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