What is the current state of the law on cogency in the context of litigation?

Nova Scotia, Canada


The following excerpt is from Guest v. MacDonald, 2012 NSSC 452 (CanLII):

This is not to say that cogency is a concept frozen in time. The cost of litigation today is beyond comparing with the cost of litigation half a century ago when Chief Justice Ilsley gave his reasons in MacNeil v. Hill the Mover (Canada) Limited (1961), 1961 CanLII 416 (NS CA), 27 D.L.R. (2d) 734 (N.S.S.C. in banco). That was from a time long before the crisis in civil litigation caused by cost and delay.

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