What is the impact of requiring all parties to fund litigation from their own funds?
Ontario, Canada
The following excerpt is from Class v. Smith, 2018 ONSC 623 (CanLII):
Requiring all parties to fund the litigation from their own resources brings needed discipline to civil litigation. The parties are required to assess their personal exposure to costs before taking any step in the litigation. The extent to which each party may be indemnified for their legal expenses may be worked out at the end of the litigation when the outcome and reasonableness of the expenditures is known: see Craven v. Osidacz Estate, 2010 ONSC 6637 (CanLII).
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