Most Insurers are aware of the higher costs associated with
litigation where the opposing party is self-represented. High costs
can be due to a variety of factors, such as numerous applications,
failure to follow procedural steps, irrelevant claims and lengthy
unfocussed submissions — all of which serve to drive up legal
fees. Often, the court will go out of its way to assist a
self-represented litigant navigate the system, and excuse
non-compliance with court rules and/or timelines thereby adding
further delay to the trial process.
Despite the extra cost associated with litigation against a
self-represented party, courts are often reluctant to award costs
due to the distinct disadvantage the self-represented party faces.
In Wright v. Sun Life Assurance Co. of Canada, 2015 BCSC
1899, the Court was required to consider what type of costs award
should be granted against a self-represented individual who was
unsuccessful at trial.
