Is it unreasonable for a plaintiff to commence and continue an action under ordinary procedure?

Ontario, Canada


The following excerpt is from Doe v. Doe, 2004 CanLII 34342 (ON SC):

In order to deprive the plaintiff of any costs, I must conclude that it was unreasonable for the plaintiff to commence and continue an action under ordinary procedure. As stated in Cheng v. Nicholls [1996] B.C.J. no. 581, In application of Rule 57(10) the plaintiffs and their counsel ought not to be held to a high standard of omniscience, particularly since they do not have the benefit of the hindsight from which courts are usually reviewing their choice of forum.

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