Quote:
Originally Posted by NuclearFart
Classic lawyer BS. If I was a lawyer, I'd be ashamed of this sort of activity tainting my entire profession further. Can she not counter-sue to cover her legal fees?
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The successful party in Alberta is entitled to party and party costs but what that means is there is a price list in the rules of court that shows how much you get for what your lawyer did (i.e. If s/he made a one day court application, you get $X) which is usually well below the lawyer's actual legal bill. However, in a true SLAPP you would hope that you're getting summary judgment anyway so the costs shouldn't run up too high.
You can also seek solicitor and his own client costs which is a full indemnity for legal fees but it is rarely given and only at the court's discretion. Another thing you can do if you know a suit is BS is make a formal offer for $1; if you make a formal offer and the plaintiff is ultimately awarded less than that amount you get double costs (price list in the rules of court times two).