McDougald Estate v. Gooderham (2005), 17 E.T.R. (3d) 36, 255 D.L.R. (4th) 435 (ON CA) represented the end of the era of estates being used as “ATM machines” out of which litigants could recover their full legal fees. In this foundational case, the Court of Appeal for Ontario held that, just like all other civil litigation, the “loser pays” principle applies. Read the full case commentary here:
December 15, 2005
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