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December 5, 2011

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416-487-4447 • ADR Connect: Find an ADR Professional Arbitrators ntitled-2 1 $4.00 • Vol. 22, No. 39 7/7/11 9:10:05 AM Inside This Issue 5 Accessible Services Covering Ontario's Legal Scene ntitled-1 1 Mediators December 5, 2011 7/5/11 9:40:55 AM Four delay rulings tossed Decision changes game for s. 11(b) applications, lawyer says BY KENDYL SEBESTA Law Times 6 Risky Reports 9 Focus On ADR/ Mediation Quote of the week "The investor-state arbitration dispute area is growing very dramatically with the implementation of more and more investment bilateral treaties." — Bill Horton, Arbitrator and mediator, See ICC, Page 11 believes could increase the number of cases that languish in the system. Ruling in R. v. Lahiry last month, Supe- rior Court Justice Michael Code declared there was a common error in the "proper calculation of institutional delay" in four drinking and driving cases before him. Th e Crown had appealed the trial rulings in all four cases. "Th e one error that is common to all four appeals is the proper calculation of institu- tional delay. In all four cases, the entire pe- riod from the set date appearance to the trial date was automatically characterized as sys- temic or institutional delay, without further analysis," the judge wrote, going on to quote late Supreme Court justice John Sopinka in R. v. Morin, a key case on delays in the jus- tice system. "Th is is not a correct approach to calculating this particular cause of delay, given that institutional delay only 'starts to run when the parties are ready for trial but the system cannot accommodate them.'" According to Code, delays of eight to 10 months could be expanded in certain cir- cumstances to include several months' worth of neutral delay time that wouldn't count negatively toward a case's overall process- ing time, an approach one lawyer says has set a new standard for what the accused can A new ruling from the Ontario Supe- rior Court has established a calcula- tion for delay that at least one lawyer 'It's significant in that it basically expands the scope of delay for future cases,' says Daniel Brown. reasonably expect in the future. "It's signifi cant in that it basically ex- pands the scope of delay for future cases," says Daniel Brown, a Toronto criminal law- yer. "It's taking some of that negative delay and applying it in a way that gives them the chance to expand the time limits of delays in the future. It's adding in neutral delay, which doesn't count negatively overall delay time." Lawyers decry registrar layoffs S BY KENDYL SEBESTA Law Times everal registrars who work for Superior Court masters are about to lose their jobs, a move that has the head of the Toronto Lawyers Association concerned about the eff ect on court operations. "Registrars and masters as well 'There may be efficiencies we've thought of that they may have not even considered, so it's impor- tant that there's room for collec- tive discussion,' says Sam Marr. play a very important role in the administration of justice in To- ronto," says association president Sam Marr, who adds he believes the government should be con- sulting with the bar on the issue. "It seems self-evident that the economic environment is having an impact on the province. So it would appear that the provincial government might have made the decision to terminate perma- nent registrar positions in an ef- fort to cut costs. I think it would be helpful if they were clear and precise about what exactly it is they're doing in their commu- nications with the bar, though, and I think economic issues are one of those areas that needs to be addressed more clearly." Working for Superior Court masters are registrars who help ease the burden on the court by handling certain administrative aspects of civil proceedings. But Marr worries they're about to be- come a symbol for the province's fi scal pressures. "I still think it would be best if the provincial government discussed these is- sues directly and clearly with the bar to make sure any changes are toward a case's Th e standard could aff ect cases where the accused make arguments related to s. 11(b) of the Charter of Rights and Freedoms that upholds the right to trial within a reasonable amount of time, Brown notes. "Say, for instance, you want to say to a judge, 'My trial took too long.' Normally, you wouldn't count portions of time where the Crown and the attorney were preparing See New, page 4 done in the best possible way," he says. "It's also vital that any new systems be implemented in a way that least disturbs the mas- ters' working environment while also taking into account any eco- nomic issues." According to Ministry of the Attorney General spokesman Brendan Crawley, the layoff s in January are the result of several management and operational changes at the Superior Court in Toronto and the regional senior justice's offi ce. Th e government isn't specifying how many people will lose their jobs, but Crawley noted the move doesn't mean all registrars will be out of work in the new year. "Staff will continue to support See Staff, page 4 LT Digital version.indd 1 6/25/10 12:59:47 PM to subscribe today to LAW TIMES Click here Childview_LT_Jan24_11.indd 1 1/19/11 11:04:05 AM PM# 40762529

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