What is the impact of unmeritorious, unproven, unrepresentative claims on the fairness of litigation?
British Columbia, Canada
The following excerpt is from Grosz v Royal Trust Corporation of Canada, 2021 BCSC 1313 (CanLII):
The trying of unmeritorious claims imposes a heavy price in terms of time and costs on the parties to the litigation and on the justice system. It is essential to the proper operation of the justice system and beneficial to the parties that claims that have no chance of success be weeded out at an early stage. Conversely, it is essential to justice that claims disclosing real issues successfully proceed to trial: McLean v. Law Society of British Columbia, 2016 BCCA 368 at para. 36 (citing Canada v. Lameman, 2008 SCC 14 at para. 10).
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