October 26, 2023 – Trial: Rarely the Solution

“My general impression is that litigants too often think that the goal is to have a trial, when the goal is to resolve the issues by various means, of which trials are the last option. They need to know that settlement is a valid and the preferred option. The settlement rate is very high. Relatively few cases get to trial. There are various reasons for this. In a case such as this where the issues are financial, once the required disclosure is made in the prescribed forms, unresolved matters can be identified and dealt with and the answers become clearer. The cost/benefit analysis and other considerations militate against continued litigation, and especially trial. I encourage counsel to impress this upon their clients.

As for delay, recent statistics show that a trial in this matter would be months, perhaps even a year or more, away. There is plenty of time before then in which to hold settlement conferences even after a trial date is scheduled.”

            Hakim v. Hakim, 2022 ONSC 6051 (CanLII) at 27-28