Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A r C h 2 0 1 5 9 s ome lawyers are expressing relief following the repeal of rules that automatically dismissed actions for delay after two years if they hadn't made their way onto a trial list. "It's an improvement on a situation that became unworkable not only for lawyers facing dismissals but also for the courts, for master courts that have had to deal with the ramifica- tions of those automatic dismissals," says Andrew Murray, a part- ner at Lerners LLP. As of Jan. 1, parties now have five years to set an action down for trial. "Rule 48.14 is also repealed and replaced with a simpler rule with longer time frames," wrote Superior Court Master Donald Short in Humphrey v. Screemers Inc. "Under the new rule, each statement of claim in the boilerplate portion at the outset of that document will contain a notice that the action will be dismissed five years after it is commenced unless it has been set down for trial or otherwise disposed of or there is an order extending the time. The dismissal will be automatic with no fur- ther notice." Some lawyers say Rule 48 was a bad idea to begin with. Its two-year deadline, which allowed for quicker dismissals of dor- mant actions, dates back to 2009. At the time, the changes meant the court would dismiss several cases by Jan. 1, 2012. Besides the deadline itself, there were concerns about confusion arising from the wording of the rules. While some lawyers call the new provisions an improvement, others say Rule 48 was a smokescreen for inefficiencies in the court system. "I've always thought Rule 48 was the attorney gen- eral's failure to actually get enough resources from cabinet to allow him or her to build a modern [court] technology infrastructure in Ontario," says Hamilton, Ont., litigator Lou Ferro. Lawyers simply became political scapegoats for cases thrown out of the court system, he says. "Instead of fixing the problem with technology, more judges, and better system design, they lashed out and said, 'Oh well, we're going to have a system called Justice on Target and we're going to measure the length of time it takes from start to finish and, by the way, if you don't fall in line with what we think is the proper timeline, we're going to throw out your case,'" he says. The rule failed to create efficiencies, adds Ferro, who notes it did the opposite. When the court threw out a case after two years for mostly unfamiliar even to insiders, let alone to users. This web site's goal is to help users keep control over their health by explaining their rights. The moment is ripe for such a web site, since the province is going through major reforms of its public health-care system that could affect patients' rights, said firm co-founder Jean-Pierre Ménard, in a press conference. The government is in the process of implementing controversial measures forcing GPs to take on a minimum num- ber of patients by threatening to cut their pay if they don't comply. Similarly, the province's pharmacists will see a signifi- cant cut in the fees they get for services insured by the government. For many observers, it is undeniable that these poli- cies will greatly affect services to patients. The site has been developed for the benefit of patients, but it is also for health- care administrators and managers, said Ménard. It will benefit everyone by giving to all parties the opportunity to under- stand the rules in the same way, he said. The web site is receiving approval from several public-interest organiza- tions, including patients rights advo- cates and, as reported in The Gazette, is also viewed favourably by the head of the Collège des médecins, Dr. Charles Bernard. It will be regularly updated to follow legislative changes and the evolution of case law and legal practice. It is free to access and it is entirely financed by Ménard Martin. — Pe KNOW YOUR HEALTH-CARE RIGHTS Continued from page 8 \ At L A N t I C \ C E N t r A L \ W E s t rEgIoNAL WrAp-up Two-year rule repealed eneinHutchison-1_CL_Mar_15.indd 1 2015-02-09 9:50 AM Andrew Murray Continued on page 10

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