What is the effect of a plaintiff not having a lawyer on a Schedule C claim?

Alberta, Canada


The following excerpt is from Huet v. Lynch, 2001 ABCA 37 (CanLII):

If I follow Wadsworth v. Hayes, the result might give rise to an unreasonable amount of fees being awarded to the plaintiff while unrepresented. In some cases it may be possible for a plaintiff to gain a windfall by simply claiming excessive amounts that will ensure that the maximum column of Schedule C is awarded. One might counter this argument by suggesting that the successful defendant may also recover on the same column. This was recognized by Côté, J.A. in Wadsworth.

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