The power of the court to act on its part is maintained, but on the condition that it is done by a show-cause-order. This procedure provides the person with a notification and the ability to respond. The review provides that a fine imposed as a result of a court order is limited to a penalty to be paid in court and is only imposed if the substantive decision is made before a voluntary dismissal or agreement of the parties for the settlement of the applicant`s rights or against the applicant. Parties involved in a case should not be confronted at a later date with an unexpected injunction from the Tribunal, which results in fines that could have jeopardized their willingness to voluntarily settle or dismiss a case. Since whistleblowing orders are generally granted only in situations akin to non-compliance with the court, the rule does not provide an applicant with a “safe haven” to withdraw a claim, a defence, etc., following the adoption of an exposure decision at the initiative of the court. However, such corrective action should be taken into account in the decision, which must be applied, if so, if the court, after reviewing the applicant`s response, concludes that there is an infringement. Section 11 should not be presented or threatened in the event of minor and inconsistent violations of the standards prescribed in the sub-paragraph (b). they should not be used as an investigative tool or to test the legal relevance or effectiveness of allegations in submissions; other applications are available for these purposes. Nor should section 11 be prepared to emphasize the benefits of a party`s position, to arbitrate an unfair agreement, to intimidate an adversary, to withdraw disputes that are quite questionable, to increase the cost of litigation, to create a conflict of interest between counsel and client, or to require disclosure of cases otherwise protected by solicitor-client privilege or labour product doctrine.
As under the previous rule, the court may defer its decision (or decision on the identity of the persons to be sanctioned) until the case is finally resolved, in order to avoid immediate conflicts of interest and to reduce the disturbance that arises when disclosure of the communication between the lawyer and the client is necessary to determine whether an offence has occurred or to identify the person responsible for the offence. The phrase in the earlier rule on the effect of sworn responses is no longer necessary and has been deleted. The provision of the old rule that the signature of a document is a certificate read by the signatory has also been removed as unnecessary.