Law Times

Page 2 August 19, 2013 Law Times • NEWS Judge denounces 'shameful' wait times for trials BY HEATHER GARDINER Law Times A n Ontario judge has condemned the ever-increasing wait times for trial dates in Toronto courts. Calling the backlog of civil cases "shameful," Ontario Superior Court Justice Mary Vallee dismissed a motion on July 30 to move a personal injury case to Toronto from Barrie, Ont. The case was launched by Kimberley Ewing, a 48-year-old woman who suffered a serious brain injury on June 10, 2009, after she was hit by a car and then run over by a pickup truck in Toronto. As a result of her injuries, she's unable to work and requires around-the-clock supervision. Ewing's case was moved to Barrie where trial dates are available as early as November 2013 whereas in Toronto, the Superior Court is currently scheduling trials for the fall of 2016. "For a client who has already gone through two or three years and sometimes more of litigation, it's just unacceptable to find out that the earliest trial date the client can get is over 2-1/2 years away," says Roger Oatley, a founding partner of Oatley Vigmond LLP and counsel for Ewing. Oatley says the current wait for a trial in Toronto is the longest he's ever seen it and he anticipates the situation will only worsen over time. "The system has effectively broken down and it is going to get much worse as time goes by unless governments take the situation very, very seriously and deal with it urgently," he says. The fundamental problem is that the justice system is severely under-resourced, says Oatley. "We've had an enormous increase in the population in the GTA but virtually no increase in the number of judges or courtroom space," he says. "The judges are doing the best they can but the problem is just going to get worse unless governments step in and provide the judges and the courtrooms to get the cases through the system." Ultimately, the litigants are the ones who WHY suffer the most from the delays, he says, adding many of them accept settlements because they can't afford to wait for a trial, essentially forcing them out of the justice system. On top of that, Oatley says it can be very frustrating to try to explain these delays to clients. "The hardship for the client who's in a serious injury case [where] they haven't had any income and they need care is to find out there's that long of a wait. It just engenders despair," he says. Oatley says other aspects of the justice system need updating as well. For instance, court offices are not automated, which means lawyers and litigants must go in person to have someone pull their paper court file to find out where their case is being held and oftentimes delays are caused by lost files. The government should fund an electronic system for better efficiency, he suggests. 'It's the whole system that's in serious trouble,' "It's the whole system that's in serious says Roger Oatley. trouble," he says. LT It started with my love of kids. Throughout high school and university years I spent my summers working as a camp counselor. Kids are energetic, funny, and at times can also be so insightful. Part of my job was to come up with organized activities for the kids, and find ways to keep them engaged. However, unstructured play also occurred, and I found this so fascinating. I could not help but notice that even the youngest ones would create a game with self-imposed, arbitrary rules and expectations. They would take turns, do imaginative play, or break into a tag game of "grounders" on the playground equipment. The children, no matter how young they were, communicated the rules and had delightful interactions full of giggles and smiles. It was inspiring to me; they obviously recognized the need to have rules in order to help them function, interact in a really meaningful way, and achieve more together. I wanted to be part of a profession that helped people; one that would help communicate and explain rules and regulations so that social interaction would be more satisfying. During my university years, I grew more serious about finding a career that helped to solve conflict or confusion when it arose. Or in other words, a profession that would help everyone on society's playground achieve more together. WENT TO LAW SCHOOL To know a lawyer is to know someone passionate about solving the problems of the day. Tania Harper, Tania Harper Family Law, is one of the 18,000 member lawyers of the Ontario Bar Association. Learn how the OBA advocates for this unique profession, and share your story at www.whyIwenttolawschool.ca. Untitled-1 1 www.lawtimesnews.com 13-08-08 1:07 PM

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