Waste of time and money


4.6 Bad Faith of Complainant. If the Registrant is successful, and the Registrant proves, on a balance of probabilities, that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay to the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant in preparing for, and filing material in the Proceeding. The Complainant will be ineligible to file another Complaint in respect of any Registration with any Provider until the amount owing is paid in full to the Provider.
 
FOZ said:
The Complainant will be ineligible to file another Complaint in respect of any Registration with any Provider until the amount owing is paid in full to the Provider.
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As enforcement measures go, I think that's pretty weak.

A more effective deterrent would be requiring complainants to pay the summary decision fee at the very outset, or at least before the respondent is required to submit a response.

I think that would smoke out most of these stupid claims before the respondent is put to the time and expense of defending the claim.
 
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