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REGIONAL WRAP-UP Heenan Blaikie LLP, BMO Nesbitt Burns, one of its underwriters, hired Torys LLP, and the class action is being handled by Klein Lyons. Ken Filkow, a partner at D'Arcy & Deacon LLP in Winnipeg, says there is more interprovincial mobility today than there was in years past, making it easier to retain out-of-province counsel. "In terms of counsel having the experi- More Ontario judges needed: report crease in the judicial complement are just a few of the dozens of recommendations stemming from a year-long review of On- tario's civil justice system, recently released to the public. More than a year after he undertook M the Civil Justice Reform Project, former Ontario associate chief justice Coulter Osborne's summary of findings was re- leased in late November. It includes 81 recommendations in 18 areas, from ap- peals to technology. Ontario Attorney General Chris Bentley said he's hoping to make quick progress with the report and will be holding fo- cused discussions with legal stakeholders, and that the ministry hopes by the spring to have a good idea of where the judiciary, bar, and public stand, as well as what the next steps will be. Access to justice was a focus of the re- view, with Osborne saying delays in sched- uling trials were noted in many regions. As a result, he recommends the Office of the Chief Justice of the Superior Court and each regional senior justice consider elim- inating the requirement for lawyers to per- sonally attend assignment court, replacing it with a new practice for setting trial dates, such as teleconferences or the internet. He recommends judges enforce time limits on trials "to ensure greater certainty in trial duration and improved trial scheduling," and use teleconferencing more often for short motions. More judges are urgently needed in the central west, central south, central east regions of the province and prob- ably Toronto, he concludes based on the ratio of defended cases to judges and other issues. "Simply put, there are too many cases per available judge. Coupled ore resources for unrepresent- ed litigants, changes to the trial scheduling process, and an in- with other aspects of the civil justice sys- tem, this has led to delays that should no longer be tolerated," he notes. Also with respect to courts, Os- borne recommends increasing the monetary jurisdiction of Small Claims Court to $25,000. The court and bar should also consider whether an agent should be allowed to represent a litigant in Small Claims Court ap- peals and enforcement matters in the Superior or Divisional Court. As part of his review, Osborne consulted with dozens of legal stake- holders, many of whom were encouraged by the findings of the summary report. James Morton, past president of the Ontario Bar Association, said the OBA is pleased a number of the recommenda- tions it supported, such as changes to the monetary jurisdiction of Small Claims Court, have been picked up in the report. "The changes, as far as we can see, are COULTER OSBORNE CENTRAL CANADA took research, reforms in other jurisdictions, and data into account, as well as consider- ations relating to access to justice, proportion- ality, and the culture of litigation. Osborne's report out- lines several changes needed for unrepre- sented litigants, one of which is the fact that Ontario lawyers should be encouraged to "consider new and in- novative billing methods that promote access to justice for litigants with civil legal issues who would not otherwise be able to afford counsel." In addition, bar associations and civil sensible, incremental changes," he said, noting that the system was good over- all and needed tinkering rather than a "slash-and-burn" approach. "We look forward to studying in de- tail the many positive and thought- provoking proposals contained within the summary, and to working with the attorney general on this important ini- tiative," said Michael Eizenga, president of The Advocates' Society. Under the civil justice reform project, which began in June 2006, Osborne was asked to propose options for reform to make it more accessible and affordable for Ontarians. In addition to consulting with legal stakeholders, Osborne also litigators should continue to implement and offer pro bono services and programs where possible, he said, while groups such as the Ministry of the Attorney General, PBLO, the Law Society of Upper Canada, and legal aid should also work to co-ordi- nate the delivery of improved legal infor- mation and resources. Also included in Osborne's recommen- dations was the suggestion that counsel be required to prepare a litigation budget and review it with client prior to starting or defending any proceeding, which he says the law society should consider making an express requirement under the Rules of Professional Conduct. — BY HELEN BURNETT hburnett@clbmedia.ca www. C ANADIAN Law ye rmag.com JANU AR Y 2008 11 ence and being of the calibre to handle complicated financial disputes, there may not be a sufficient number in a smaller city," he says. — GK