The Ontario civil justice system has been under significant pressure for over 10 years and is currently overwhelmed. It now takes upwards of 5 to 10 years for personal injury victims to achieve resolution of their cases. This is in large part due to extensive delays in securing motion dates, and scheduling pre-trial and trial dates. The cost to advance a personal injury claim has risen steadily with these ongoing delays. Matters that are ready for trial, but do not proceed, cost the parties tens of thousands of dollars in expert fees and legal costs. More importantly, it costs personal injury victims their most precious resource, time.
What Can Personal Injury Victims Do to Avoid Unnecessary Delay?
What can a personal injury victim possibly do to avoid years of unnecessary delay? Choose a lawyer who understands how to navigate the system efficiently.
The Root Causes of Delays in Ontario’s Civil Justice System
Most of the delays are caused by failures in Ontario’s public civil adjudication system that are totally outside of lawyers’ control. Ontario’s civil justice system is based on a 19th century model which has not adapted to modern realities. Judicial regions are allocated judges based on outdated census figures, there is a lack of available courtrooms, and mandatory mediation does not exist in all jurisdictions.
Proposed Redesign for the Ontario Civil Justice System
Ontario Court of Appeal Justice David Brown recently prepared a paper in which he advocated for a redesign of the adjudicative system. Justice Brown proposes a design that:
(i) varies with case complexity;
(ii) sets quantifiable goals for the courts’ management of the different kinds of cases that flow through its systems;
(iii) monitors and publishes how well the courts are meeting those goals; and
(iv) puts in place mechanisms that hold those who operate the court system accountable for the quality of the service they provide.[1]
The Need for Legislative Action in Ontario’s Civil Justice System
The Rules Committee and Ontario Legislature would be wise to heed Justice Brown’s recommendations. However, until significant structural changes are made, personal injury victims will face significant and costly delays.
How an Efficient Personal Injury Lawyer Can Help Reduce Delays
These delays can be reduced by a lawyer who understands the systemic delays and can work efficiently within the existing system. Contact Wallace Smith Lawyers today to get the expert legal support you need for timely justice.
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