Why You Should Give A Hoot About Sloppiness In Litigation Practice

Your client could be subject to a costs order, that's why – as was the case in Monaco v 1195053 Ontario Ltd, 2012 ONSC 6477. Counsel for one of the respondents in the case fell ill the day before the application was to be heard, advised opposing counsel of his condition and then sent an e-mail to the court saying that 'someone' would attend the following day to request an adjournment, apparently on consent. Opposing counsel were not cc'd on that second e-mail. Justice Brown was none too pleased when three lawyers turned up and indicated they would contest the terms of the adjournment.

In his reasons Justice Brown mused, 'why should I give a hoot about what happened today?', concluding that this wasn't just some minor procedural hiccup but instead the symptom of a larger malaise: 'sloppy litigation habits by those who use our court system'. In this case, that sloppiness involved misleading the court and wasting precious judicial time. Result: adjournment granted but