NCJ Number
81215
Journal
Wayne Law Review Volume: 26 Dated: (November 1979) Pages: 31-46
Date Published
1979
Length
16 pages
Annotation
The major problems in civil proceedings in Canada stem from overloaded courts and the high cost of legal services, but these problems are being countered by changes in judges' and lawyers' roles, court administration, and the provision of legal aid.
Abstract
In Canada, the freedom of the lawyer to present, prosecute, and prove a case in the time and manner of his/her own choosing is being limited in the interest of expeditiousness. The major areas of reform are in widening discovery while keeping control of time-wasting tendencies, providing shorter time limits, policing time limits, and providing more opportunity for the court to encourage counsel to seek methods of settlement without delay. There is also a trend toward encouraging judges to intervene in the adversarial process to expedite proceedings, particularly by encouraging pretrial conferences and settlements. Administrative changes designed to expedite civil proceedings include (1) the establishment of small courts of greater monetary jurisdiction, (2) the reallocation of the subject matter jurisdiction of the courts, (3) the use of statutory tribunals to assume some subject matters from the courts, and (4) the channeling of the administrative functions of provincial courts into appropriate administrative tribunals. While the high cost of legal services has served to limit the number of cases brought to trial, it prevents persons of lesser means from obtaining justice under the law. Legal aid and the contingent fee have helped to relieve this problem. Forty-nine footnotes are listed.