Canadian Lawyer

October 2019

The most widely read magazine for Canadian lawyers

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LEGAL REPORT 44 www.canadianlawyermag.com PERSONAL INJURY Global News reported that almost 800 criminal cases had been stayed because of delay since Jordan. Lawyers say the Jordan deadlines are adding to personal injury trial delays because criminal cases take precedent. Furlong says family cases are also a factor. In disputes involving children, judges want to reach a conclusion as quickly as possible, to lessen the stress and discomfort for the kids. "Personal injury actions can't proceed because the judges — rightly so — need to deal with any pressing criminal matters and any pressing family law matters," says Furlong. "I don't think there's any easy or simple fix," he says. With six to seven years typically between the date of the accident and the resolution of the claim, Furlong says, his clients often "[The delays] might seem reasonable to a lawyer that's practised in the area for 10, 20, 30 years. But it's a long time for my clients that don't understand the process." Ian Furlong, Thomson Rogers suspect their lawyers are keeping them waiting on purpose. "That might seem reasonable to a lawyer that's practised in the area for 10, 20, 30 years. But it's a long time for my clients that don't understand the process," he says. "And a lot of times they're concerned that the lawyers are dragging their heels." In Ontario, Furlong says, there is "broad acknowledgment" that delays are an issue. The Ontario government consulted the profession in July about modifying the rules for simplified procedure —doubling the limit to $200,000 and eliminating juries — which Furlong says will help. "There are ways that we can tweak things to make them better. But to substantially shorten the length of time people wait to get

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