What is the test for unrepresented litigants at trial?
Ontario, Canada
The following excerpt is from Douglas v. Mitchell, 2009 CanLII 42451 (ON SC):
As the Court of Appeal stated in Davids v. Davids: Fairness does not demand that the unrepresented litigant be able to present his case as effectively as a competent lawyer. Rather, it demands that he have a fair opportunity to present his case to the best of his ability. Nor does fairness dictate that the unrepresented litigant have a lawyer’s familiarity with procedures and forensic tactics. It does require that the trial judge treat the litigant fairly and attempt to accommodate unrepresented litigants’ unfamiliarity with the process so as to permit them to present their case. In doing so, the trial judge must, of course, respect the rights of the other party.[10] [Emphasis added]
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