Is a self-represented party entitled to a loss of opportunity cost for time spent conducting litigation?
Ontario, Canada
The following excerpt is from The Toronto-Dominion Bank v Froom, 2016 ONSC 3695 (CanLII):
A self-represented party does not incur legal fees. If a self-represented party is employed and earning an income, he may incur a loss of opportunity cost if he spends time conducting the litigation that would otherwise have been spent earning an income. There must be some evidence of the income and the fact that it has decreased as a result of the litigation. It does not need to be detailed. Even if the evidence is thin, it may be sufficient to prove a loss of opportunity cost. If the loss is proved, a self- represented party is entitled to a reasonable allowance for the loss of his time to conduct the litigation. (see Miller v. De-Bartolo-Taylor et al, 2013 ONSC 6791)
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