Taxation of Costs

When litigators talk about ‘costs’ they mean court awarded costs, not lawyer’s legal fees. In sum, legal fees are what you pay your lawyer to conduct your case, court costs are what you pay your opponent when you lose your application, claim or appeal.

Notes for a Talk about Affidavits

An affidavit is a sworn statement of facts. It is about facts, not opinion, not argument, not fiction.

Extension of Time Agreements and Applications

This is one of the applications I dislike, if not dread. The application appears administratively innocuous. However, the legal implications of losing one can be severe. The basis of every Extension of Time application (‘EOT’) is the applicant’s or its solicitors’ failure to file or do something within the deadline set by the rules or directed by the court. It is typical for the lawyer’s fault to be a reason for the application. After all, …

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 ‘Read around the subject.’

This is an old chestnut from my father. I heard this from college all the way into practice. It is a cliché to me because I have so absorbed it to the point I enjoy reading around a subject more than reading about the subject itself. Some call this procrastination; there have been times I was tempted to agree. This advice has led me to discover delightful warrens of legal esoterica and broaden my horizons. …

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