Canadian Lawyer

Regional wrap-up A n Ontario judge has condemned the ever-increasing wait times for trial dates in Toronto courts. Calling the backlog of civil cases "shameful," Ontario Superior Court Justice Mary Vallee dismissed a motion in late July to move a personal injury case to Toronto from Barrie, Ont. The case was launched by Kimberley Ewing, a 48-year-old woman who suffered a serious brain injury on June 10, 2009, after she was hit by a car and then run over by a pickup truck in Toronto. As a result of her injuries, she is unable to work and requires round-theclock supervision. Ewing's case was moved to Barrie where trial dates are available as early as November 2013, whereas in early August in Toronto, the Superior Court was scheduling trials for as far out as the fall of 2016. "For a client who has already gone through two or three years and sometimes more of litigation, it's just unacceptable to find out that the earliest trial date the client can get is over 2-1/2 years away," says Roger Oatley, a founding partner of Oatley Vigmond LLP and counsel for Ewing. Oatley says the current wait for a trial in Toronto is the longest he's ever seen it and he anticipates the situation will only worsen over time. "The system has effectively broken down and it is going to get much worse as time goes by unless governments take the situation very, very seriously and deal with it urgently," he told the Legal Feeds blog. The fundamental problem is the justice system is severely underresourced. "We've had an enormous increase in the population in the GTA but virtually no increase in the number of judges or courtroom space," he says. "The judges are doing the best they can but the problem is just going to get worse unless governments step in and provide the judges and the courtrooms to get the cases through the system." Ultimately, the litigants are the ones who suffer the most from the delays, he says, adding many of them accept settlements because they can't afford to wait for a trial, essentially forcing them out of the justice system. On top of that, Oatley says it can be very frustrating to try to explain these delays to clients. "The hardship for the client who's in a serious injury case [where] they haven't had any income and they need care, is to find out there's that long of a wait. It just engenders despair," he says. Oatley says other aspects of the justice system need updating as well. For instance, court offices are not automated so lawyers and litigants are required to go in person to have someone pull their paper court file to find out where their case is being held and oftentimes lost files end up causing even further delays. The government should fund an electronic system for better efficiency, he suggests. He is not the only one. "One cannot overstate the oppressive effect on judicial www.CANADIAN morale of the endless waves of cases which seem to be going nowhere in a civil justice system that is sinking. Why try to be creative when the system, with a life of its own, grinds relentlessly on and downward?" wrote outspoken Ontario Superior Justice David Brown in a June decision in a fraud case. Ontario family court Justice Harvey Brownstone has strong opinions as well. "We're still operating family courts like they did 100 years ago," he told Law Times recently. "The biggest technological advance that can enhance access to justice and make legal services a lot cheaper for people is e-filing: filing a document without having to come to court." As Oatley notes, "It's the whole system that's in serious trouble." — Heather Gardiner heather.gardiner@thomsonreuters.com Gail J. Cohen 'Shameful' wait times for civil trials News Feed Run, Walk & Roll We are pleased to be a sponsor of the Brain Injury Society of Toronto's annual 5K Run, Walk & Roll on September 21, 2013! lerners.ca/community-matters/117/ Privilege and Condentiality Brian Radnoff was invited to provide an update on the state of the law in this area at the Law Society of Upper Canada's program, Practice Gems: Essentials of the Privately Held Company. lerners.ca/news/322/ Leading Practitioners The 2013 Canadian Legal Lexpert Directory has recognized thirteen lawyers at Lerners as leading practitioners in eight areas of law. Being included in the Directory is an acknowledgement of excellence by a practitioner's peers and colleagues. lerners.ca/news/316/?goback=.gmp_3933353 www.lerners.ca L a w ye r m a g . c o m erners_CL_Sep_13.indd 1 September 2013 11 13-08-15 1:35 PM

• Cover