October 2, 2024 – Intransigence: It Comes At A Price

“To avoid trial or to narrow the issues, Ms. Burley did nothing.  She made no Offer to Settle, formally or informally.  Intransigence as such comes at a price.  As aptly stated by Wilson J. in Hussain v. Alam, 2013 ONSC 2250:

“Parties cannot take an untenable position, refuse to negotiate to achieve a reasonable compromise, and then when the outcome is adverse, plead that it would be unfair to require them to pay costs.”

Burley v. Bradley, 2019 ONCJ 737 (CanLII) at 4