Is there an opportunity cost for representing an unrepresented litigant?

Nova Scotia, Canada


The following excerpt is from Salman v. Al-Sheikh Ali, 2011 NSSC 30 (CanLII):

In some cases, the courts have recognized an opportunity cost which was lost, but in Dechant v. Law Society of Alberta, 2001 ABCA 81, the court concluded that it is not necessary to prove the actual value of any lost opportunity. The court said in that case in para. 19: 19 ... Nonetheless, whether a person has lost time from work to represent themselves is a relevant factor to consider. If any unrepresented litigant was not otherwise employed, the fee portion of costs attributable to lost opportunity may not exist or, at a minimum, would be significantly less than a person who has suffered a loss of income due to employment absences.

Other Questions


Can a personal representative obtain a copy of the personal representative’s file to determine who is the executor and sole beneficiary of the deceased's estate? (Nova Scotia, Canada)
Can lay litigants who have not retained a lawyer be reimbursed for their time spent conducting litigation? (Nova Scotia, Canada)
Is there a distinction between litigation privilege and litigation privilege? (Nova Scotia, Canada)
Is a variation application an opportunity to re-litigate the prevailing order? (Nova Scotia, Canada)
What are the costs for self-represented litigants? (Nova Scotia, Canada)
Does a personal representative have a duty to deliver a legal file to the personal representative of the deceased? (Nova Scotia, Canada)
Can a court order costs of an unsuccessful public interest litigant in a civil matter? (Nova Scotia, Canada)
What is the current state of the law on cogency in the context of litigation? (Nova Scotia, Canada)
What is the impact of the ever rising and escalating cost of litigation on a plaintiff's ability to settle? (Nova Scotia, Canada)
Can an incompetent beneficiary, properly represented by an attorney of her choice, terminate the trust? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.