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w w w . C A N A D I A N L a w y e r m a g . c o m O C T O B E R 2 0 1 7 41 more affordable venue for pursuing jus- tice, Salter says, as litigants don't need to take time off work, arrange for childcare and more in order to line up at a court reg- istry. "They can largely do things online, or through mail or telephone, whenever." Jamie Maclaren, executive director of Access Pro Bono, which provides legal advice to low-income clients throughout British Columbia, says his organization has received a positive response from cli- ents who have used the tribunal (Access Pro Bono was also involved in the consul- tation and testing process for the CRT). "The main benefit we've seen is access to justice for those with mobility issues, and for those who are outside of easy reach of the courthouses and courtrooms where they can go to file notices," Maclar- en says, identifying "accessibility and effi- ciency" — using a process that takes much less time than a traditional court-based system — as the key advantages to clients. "We've seen them take small breach-of- contract disputes, consumer law, employ- ment law disputes not covered through the Employment Standards Tribunal and small claims disputes. It hasn't helped in the greatest area [of need] — family law — but on the civil litigation end of things, it seems to have done a good job in pro- viding accessibility to people looking to resolve disputes," Maclaren says. But although technology is a great boon to the process, nuances of non-verbal and non-oral behaviour are difficult to discern through the filter of technology, Maclaren notes. "Many peo- ple prefer to speak to a judge in person and to be able to speak and tell their story in a live environment, where direct com- munication is possible, and I think there's something lost in bringing this commu- nication into tech form." Still, although imperfect, he says, "I think it's generally very helpful for access to justice." Condo litigation Alex Chang, who has a condominium law practice with Lesperance Mendes Lawyers in Vancouver, has provided advice to strata corporations that have received claims. Regarding the CRT's impact on the strata litigation bar in B.C., Chang says, he doesn't think prac- titioners are any less busy now than prior to the CRT's establishment. "The tribunal was started to help make it easier for parties to bring and resolve their claims," he says. "That ultimately means more owners bringing claims against strata corporations. . . . More claims mean more work." However, although these litigators are now doing more CRT work, it's behind the scenes. That's because, with few exceptions, the CRT has "a pre- sumption of self-representation," as Salter puts it. "The general rule in the Civil Resolution Tribunal Act is that parties represent themselves." Litigants before the CRT may hire lawyers to assist them behind the scenes but not to represent them. "Instead of getting into court to argue the case on a client's behalf," says Chang, "now we're in the back- ground and drafting submissions going in under the name of some volunteer strata council member," even though such documents will be drafted in such Ѵ;bvm;bvĺ1-ņѴbঞ]-ঞomŊ1Ѵ )ub;m0;r;u|v ou;1om|;m|ķ0;;u-Ѵ; "l-u|ķro;u=Ѵ|ooѴv "r;ubououhruo71| LOOKING TO BUILD AN OPEN & SHUT CASE? ;||_;|ooѴvom;;7b|_;bvu-1ঞ1;7bvou ® Canada. Our new bঞ]-ঞom ş bvr|;!;voѴঞomo7Ѵ;1om|-bmv|_;-Ѵ-0Ѵ;ru-1ঞ1;mo|;vķ=oulvķ ru;1;7;m|v-m71_;1hѴbv|v|_-|bѴѴ_;Ѵro0bѴ7ou1-v;ķ=-v|;u-m7lou;;L1b;m|Ѵĺ ;bvu-1ঞ1;7bvou-m-7-bv|_;bm7v|uĽvѴ;-7bm]ru-1ঞ1;u;vou1;b|_1om|;m| 1u;-|;7-m7l-bm|-bm;70oubm|;um-Ѵ|;-lo=vr;1b-Ѵb;7Ѵ-;uv-m7_m7u;7vo= Ѵ;-7bm]ru-1ঞঞom;uv=uol|_;|orѴ-Culvbm-m-7-ĺ o-_;-7ķ|-h;|_;m;|v|;rĺ ;bvu-1ঞ1;7bvou ® -m-7- _;Ѵrvo-rrѴ|_;Ѵ- ntitled-1 1 2017-09-18 8:11 AM

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