Canadian Lawyer

8 M a y 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m E asy, affordable, and swift access to justice is the modern Holy Grail. Back in 2007, Chief Justice Beverley McLachlin said there was a "crisis" threatening the entire legal system, so expensive and complicated had it become. She was calling on gov- ernments, lawyers, and judges to find solutions. But solutions remain elusive. Hence the adoption by the Quebec gov- ernment, after close to 15 years of work, of a new Code of Civil Procedure. "The completion of this reform will help move our civil justice system into the 21st century. In concrete terms, the new pro- visions will help make our civil justice system more accessible, and will reduce delays, obstacles, and costs," said Justice Minister Bertrand St-Arnaud. Johanne Brodeur, bâtonnière of the Barreau du Québec, says "the new code is establishing new bases for the province's civil justice, relying more on commu- nication, collaboration, and negotiation to find solutions to conflicts, whether through private modes of dispute reso- lution or through the courts of justice." Highlights of the new code include increasing to $15,000, from $7,000, the amount that can be claimed in Small Claims Court or allowing parties to make their case orally when presenting or con- testing an application as part of a non- complex case instead of requiring more costly written pleadings. Another section encourages the use of technology to avoid unnecessary travel, for example by allow- ing witnesses to be examined via video- conferencing facilities. But as always, there is no magic bullet. "The new Code of Civil Procedure includes several interesting innovations that will surely be welcomed by the public, members of the bar and the judiciary. It also proposes, however, certain measures that will no doubt raise questions and elicit discussions," reads a piece on Davies Ward Phillips & Vineberg LLP's web site, co-authored by Montreal commercial liti- gation partner Marc-André Boutin. Some of those questions raised are regarding a new measure giving the defen- dant the possibility to seek the dismissal of only a part of the demand if it is "clearly unfounded," Boutin tells Canadian Lawyer. Currently, the defendant has to convince the court the action is entirely unfounded to have it dismissed. It's all or nothing. "It's a very good idea to create this option to weed out the parts of a case that are clearly REgionAl wRAp-up QUEBEC UPDATES CODE OF CIVIL PROCEDURE Central 2014-15 ATLANTIC LEGAL TELEPHONE DIRECTORY STAY CONNECTED TO YOUR LEGAL NETWORK 2014-15 Atlantic Legal Telephone Directory connects you to your legal community providing accurate and essential legal contact information in all four Canadian Atlantic Provinces. Compiled by the respected legal directories group at Thomson Reuters, you can rely on a directory that grows and expands with your legal community. Each year find new and updated names, mailing addresses, email addresses and phone numbers for lawyers and law offices. Also get quick, easy access to: • Law and Barristers' Societies • Courts of Appeal • Federal Court of Canada • Government of Canada departments • Judicial districts and judicial officials • Incorporated Municipalities • Land registration and information services • The Associations of Land Surveyors • Law Foundation • Provincial government departments • Boards and Commissions • Law Related Services, Institutions and Organizations • University law faculties ... and much more. 1FSGFDUCPVOEȕ+VOF ȕ- Multiple copy discounts available 1MVTBQQMJDBCMFUBYFTBOETIJQQJOHIBOEMJOH (Prices subject to change without notice) Stay connected with the 2014-15 Atlantic Legal Telephone Directory. Order your copy today. Visit www.carswell.com or call 1-800-387-5164 for a 30-day, no risk evaluation ntitled-2 1 14-04-17 8:57 AM

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