"Doug Miller" wrote in message

Just curious about something -- who pays the legal fees in a civil case in
Canadian courts? Here in the U.S., each side is responsible for its own
legal
fees, and personal injury lawyers typically work on contingency: the fee
is a
portion of the settlement if they win, and nothing if they lose. This
creates
an obvious incentive to sue at the drop of a hat, because both the
plaintiff
and the lawyer have everything to gain, and nothing to lose, regardless of
the
merits of the suit.

That's probably the biggest difference. While Canadian lawyers will
occasionally work on a contingency basis, it's much more the exception
rather than the rule. There generally has to be some pretty convincing
evidence on hand for our lawyers to take on a contingency case. We do have a
legal aid system, but to use it, one has to be very much on the destitute
side to benefit from it. For the most part, it's cash up front by the
plaintiff and that weeds out almost all of the large frivolous lawsuits.
Small claims court ($10,000 claims) with a less solemn setting is the
closest thing we have to the lawsuit at the drop of a hat scenario.

There is downside though in my opinion. Some cases that "should" be tried
never see the light of day in a court house. I guess that's the trade-off.