Before setting out the facts, I feel compelled to comment on the principles of proportionality which require due consideration of the appropriate use of the parties’ own resources and those of the court: Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87. In particular, at para 2: Increasingly, there is recognition that a culture shift is required in order to create an environment promoting timely and affordable access to the civil justice system. This shift entails simplifying pre-trial procedures … and moving the emphasis away from the conventional trial in favour of proportional procedures tailored to the needs of the particular case. The balance between procedure and access struck by our justice system must come to reflect modern reality and recognize that new models of adjudication can be fair and just.
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