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Dorothy Hagel, Barrister & Solicitor and her team at Hagel Lawfirm, recently represented the applicant in an estate dispute, Drennan v. Drennan, 2024 ONSC 3905, where the Ontario Superior Court addressed key issues around litigation financing and unrepresented litigants. While litigation financing is common in personal injury law, says Dorothy Hagel, who acted for the applicant, historically, estate litigants have not used it to the same extent. Without financing, she says, in estate litigation, for lawyers to even take the case, there must be assets to fight for. “If there are no assets to fight for, there’s no case.” In Drennan v. Drennan, Justice Frederick Myers emphasized that the sibling respondent’s actions made these loans necessary, noting that the applicant had to borrow funds because she was denied access to estate funds for legal representation. This ruling underscores the court's recognition that litigation financing can be crucial for ensuring access to justice. Dorothy Hagel commented on the broader implications: “As far as I'm concerned, access to justice is not about government paying for people's legal fees, it is the ability of people to access all the other resources, and then the court recognizing that.” The case also highlighted the challenges posed by unrepresented litigants. While the legal system strives to protect their rights, Hagel noted that this can sometimes lead to increased costs for those who hire lawyers. Justice Myers’ decision serves as a reminder that unrepresented litigants cannot make unsupported claims that unfairly drive up costs for others. Recognizing the respondent's failure to act, unjustified allegations, and the overall abuse of the litigation process, the court awarded substantial indemnity costs to the applicant. Please Note: This Post is for information purposes only and should not be considered as legal advice.
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