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Report No. 77

Frivolous Objection as an Offence

Q. 63. Deliberate disregard of legal right-Proposed new offence.-

The following suggestion has been made in order to discourage frivolous objections in regard to civil claims:

"If a party claiming to be entitled to relief of a civil nature serves due notice on the other party demanding such relief and the other party fails to comply with such notice within a reasonable time without just cause or excuse even when it is in a position to comply with the notice, where it is proved beyond reasonable doubt that there was no triable question of fact or law which could possibly have supported such deliberate disregard of legal rights and that the failure to comply with the notice was dishonest. Of course, the burden of proving all these ingredients may, as usual, lie on the prosecution."

Do you agree with the suggestion? If so, for what classes of claims would you consider the enactment of such a provision appropriate?

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