Friday, January 13, 2012

Drastic remedies ought not to be imposed for minor transgressions

Royal Bank of Canada v. Hejna, 2012 ONCA 27 is a source for the proposition that drastic remedies ought not to be imposed for minor transgressions. Such principle will apply in the civil, family and, perhaps, criminal context:

"The motions judge failed to consider the proportionality of granting the bank's motion to strike Mr. Hejna's defence for failure to pay $3,000 in costs in an action for almost seven million dollars in fraud which had been allowed to proceed despite Mr. Hejna's bankruptcy."

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