What is the effect of delaying access to the courts for a theoretical argument?
Northwest Territories, Canada
The following excerpt is from Union of Northern Workers v Carriere, 2013 NWTSC 5 (CanLII):
The second reason is a concern for judicial economy. There are many competing pressures on judicial resources, and those resources should be used to resolve actual disputes, rather than theoretical ones. Delaying some litigants’ access to the courts while others are using judicial resources to resolve theoretical debates is not fair or desirable. Borowski v. Canada (Attorney General), supra, at paras 34-39.
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