Jimmijazz - I put the "unnecessary" in brackets to show it was an unsaid word - obviously that is what the judge meant. He clearly can have no complaint about litigation which is necessary - he obviously means litigation that is done as a fishing expedition or on a wing-and-a-prayer. Lawyers have been known to do that - I think they call them "cases with ambition".

Do you wonder why the judge suggested a possibility (that Gowling would pursue unnecessary litigation) and then go on to say he is not suggesting they would do it? I suspect it was a warning.

Your point about Tenor draining Gowling with court costs is spot on - with the addition that Tenor's court costs are our costs.