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REGIONAL WRAP-UP Alberta grapples with spike in unrepresented litigants H eart patient Naim Sima stood little chance against the high-priced de- fence lawyer. The 49-year-old refu- gee initially had counsel for his $750,000 malpractice suit against the two Edmon- ton cardiologists who, he alleged, left him with a partially disabled arm dur- ing an angiogram in 2001. But four years later Sima's lawyer quit. He couldn't get or afford another one. Still, Sima sol- diered on, representing himself in court. But in the face of evidence from two ex- pert cardiologists, hired by the defence, who claimed the pair had done nothing wrong, Sima's case faltered. He had no experts to back up his claims the doc- tors were negligent. As a result, Court of Queen's Bench Justice June Ross ruled earlier this year she had no choice but to dismiss the case without holding a trial. Sima's predicament is increasingly common in Alberta courts. The number of self-represented litigants is on the rise, say lawyers, many of whom worry the phenomenon is leaving the courts in a bind. "It certainly puts the bench in a very difficult position because, on one hand, they want to have a fair hearing. But on the other hand, they don't want to see a self-represented individual be run over by somebody with legal counsel," says Bokenfohr Connolly & Wilson's Arthur Wilson, who practises in Edmonton. The trend is particularly evident in family law, says Wilson, who notes in- creasing legal fees are a big reason peo- ple are shunning lawyers. But, he argues, lawyers often have to charge more, espe- cially as Alberta's oil-fuelled boom leads to increasing operating costs, from leases to wages. "Because of our wonderful oil economy in Alberta, we're seeing heavy pressure on salaries," he says. The issue also has the Alberta gov- ernment concerned. Last year, it began opening Law Information Centres to provide basic help to unerepresented litigants. Already, the eight centres have MEETING THE HIGHEST STANDARDS British Columbia Annual Practice, The Honourable John C. Bouck, The Honourable Madam Justice Janice R. Dillon and Gordon Turriff, Q.C. This is your most comprehensive guide to civil procedure in B.C. The authors are a British Columbia Supreme Court Judge, a retired British Columbia Supreme Court judge and a highly respected senior counsel who is a Bencher, First Vice-President and the next President of the Law Society of British Columbia, who supply you with personally selected cases, both reported and unreported, and annotations they have chosen demonstrating the governing principles for the Acts and Rules. Inside find the annotated Rules of Court, Court of Appeal Rules and necessary forms, plus the annotated Supreme Court Act and Court of Appeal Act, and the full text of 15 frequently referenced statutes. Also included are current Practice Directions and Notices to the Profession, the Small Claims Act, Rules and Forms. You're ready for court with the most comprehensive and authoritative guide to civil procedure in B.C. Order your copy today! www.canadalawbook.ca 8 SEPTEMBER 2008 www. C ANADIAN Law ye rmag.com BC Annual Practice 2009 (CL 1-3sq).indd 1 7/30/08 9:35:14 AM the horizon and says some courts may have to close while they wait for replace- ments. Chief Judge Raymond Wyant says M seen 3,482 people, says Alberta Justice's Carla Kolke. Wilson also sees hope in the Rules of Court project, which will see the first major revamp of court procedures in the province since 1968. Among a long list of proposals, the project committee has considered making it easier for lawyers to handle only a part of a litigant's case, such as preparing an affidavit, to address affordability issues. Still, Brian Hurley, the president of the Criminal Trial Lawyers Association in Edmonton, argues such moves ignore the real issues, including "unrealisti- cally low levels for legal aid eligibility" in a province where the cost of living has skyrocketed. Hurley also notes law schools have failed to keep up with the demand for lawyers. "This province in medicine and in law has kept low gradu- ation rates," he says, adding that high tuition rates at Alberta law schools are pushing young lawyers with large stu- dent loans into corporate work instead of family or criminal litigation. But the ultimate blame for the prob- lem, he argues, rests with the Alberta government. "It's an unfortunate reality of a boom, but it's an unfortunate reality of a poorly planned boom," he says. — GLENN KAUTH Chief judge keen to fill empty posts ThE PRAIRIES anitoba's top judge has a pair of vacancies in the Provincial Court to fill and a third opening on