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www.canadianlawyermag.com 43 TRUST WELL PLACED L. CRAIG BROWN DARCY R. MERKUR STEPHEN M. BIRMAN MATTHEW J. SUTTON RICHARD C. HALPERN ALEKS MLADENOVIC DEANNA S. GILBERT ROBERT M. BEN IAN W. FURLONG CARR HATCH LEONARD H. KUNKA DAVID F. MACDONALD JOHN-PAUL ZENI SLOAN H. MANDEL KATE CAHILL LUCY G. JACKSON AVA WILLIAMS ADAM KARAKOLIS MICHAEL L. BENNETT STACEY L. STEVENS Since 1936, Thomson Rogers has built a strong and trusting relationship with lawyers across Ontario. For information about our Lawyer Referral Program, visit: www.thomsonrogers.com/referrals TF: 1.888.223.0448 T: 416.868.3100 www.thomsonrogers.com that they've completed all their questioning, she says. "You've got about two years — on a large case — of taking all those preliminary steps and getting everything in order. And then [there's] another two-year wait for the date itself," she says. "Judges want to know you've done all your work and you're very serious and you've been forced to think through all the issues before using judicial resources, because those are really short in Alberta," Hoover says. Ian Furlong, a partner at Thomson Rogers in Toronto, says the recent imposition of mandatory mediation is a major contributor to delays in Ontario. Previously, to set an action down for trial, he would need to set a mediation date. Now, the mediation must be completed before he can set the date, he says, and it takes a year to get an open spot with a good mediator. "That delays the whole process by a number of years. . . . I'm finding that very, very frustrating. It's just adding another year to the process," says Furlong, whose practice primarily involves personal injury and insurance matters related to motor vehicle accidents. Adding to the ordeal, Furlong says, he will call the defence side "early on" and will be told they can't do mediation until they've had examinations for discovery and other processes such as medical examinations. Judicial resources and access to justice were highlighted in the aftermath of R. v. Jordan in 2016. The Supreme Court of Canada decision set criminal trial deadlines at 18 months for the Provincial Court and 30 months for the Superior Court. In June, "The delays are really untenable. It's a difficult situation." James Cuming, Cuming & Gillespie