Canadian Lawyer

August 2010

The most widely read magazine for Canadian lawyers

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Evidence in Family Law operating in the superior courts in Toronto for some time. They deal with applications to change existing orders, trying to head off or narrow the issues before those matters come to court. Bentley laments the lack of access to duty counsel. "When half of This resource is structured to follow the evolution of a family law case through trial and appeal. It also examines specialized areas of family law looking at how to establish the proper evidentiary framework. Topics include: The Provincial Evidence Acts The Family Law Rules Electronic Discovery Children's Evidence Expert Evidence, Assessments and Judicial Notice: Understanding the Family Context ... and more ORDER your copy today Looseleaf & binder • $198 • July 2010 • Releases invoiced separately (1/yr) P/C 0243030000 • ISSN 1920-9258 Looseleaf & binder • $ the applicants are unrepresented, that's not a great formula for suc- cess." He is pleased some of the money recently added to Legal Aid Ontario's coffers is being directed to address that problem. The other avenue for legal advice is through the second pillar, which Bentley labelled "triage." Justice participants are "driven to distraction" by the new term and want to change it to "the new approach to first appearances and issue identification." Bentley explains his medical analogy: "If you walked into a hospital and said, 'There's a heart surgeon here, and a brain surgeon here, and an emergency room worker. Good, I'd like to speak to them,' you would be told politely, 'You won't decide who you get to speak to. Someone else will decide who it's appropriate for you to see.' The legal system has a lot less restricted access. Cases that don't need full courtroom time can still get it with virtually no barriers or encour- agement to go elsewhere. We need to spend our resources resolving disputes that can be resolved quickly, and those disputes that need the full resources of the court should be able to get it." The Milton provincial court has had the triage system in place For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. LBEvidence_CL_Aug.indd 1 TOOLS 2K 10 "NEW" Redesigned, Restructured, Reorganized…REMARKABLE! Redesigned Printout: A concise, easy-to-understand one page printout. New "Search" feature: Find particular input items quickly and easily. New input: Easier to understand and better organized. What you see is what you print. More fl exibility: Handle complicated scenarios with the use of overrides. Improved "Help" menu: Mini- mize input errors & uncertainty. Simplifi ed Emailing: Convert calculations to PDF with one click - ready to email. COMING SOON: B.C. Supreme Court Forms a product of Toll Free: 1-800-653-0925 or 416-718-3461 x446 e: sales@divorcemate.com www.divorcemate.com 44 A UGUST 2010 www. C ANADIAN Law ye rmag.com vorce_CL_Aug.indd 1 7/14/10 a 11:36:28 AM 2/17/10 10:10:57 AM For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. for a few months. A team of duty counsel and other legal personnel is responsible for the initial intake and identifying issues the parties need help resolving. It is already developing in a different way in Brampton. Bentley is happy for it to be an evolution. "It may play out slightly differently in each jurisdiction." 7/13/10 3:13:05 PM For child and spousal support calculations, cash fl ows and more... Features Include: 2 Bloor Street West, Suite 2603, Toronto, ON M4W 3E2 Tel: (416) 961-5612 Fax: (416) 961-6158 Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com Editor-in-Chief: Harold Niman Associate Editor: Anita Volikis and contributors Foreword by The Honourable Madam Justice Susanne R. Goodman

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