Law Times

Page 6 May 13, 2013 • Law TiMes COMMENT u Editorial obitEr By Glenn Kauth Making legal services by web, phone more useful R honda Nordlander certainly isn't alone in having a bad experience as a self-represented litigant. After trying to navigate her family law matter herself, she now finds herself suffering what she describes as "post-traumatic court disorder." Without legal training, she has made mistakes throughout her case and now finds herself in debt despite not having a lawyer. Law professor Julie Macfarlane, who has been researching the experiences of people like Nordlander, notes many others have similar stories. Interestingly, Macfarlane's report on the issue suggests the proliferation of online resources touted as a key solution to the increasing unaffordability of legal representation isn't that helpful after all. Online forms, according to the report, can be difficult to complete if litigants can find them in the first place. Policies aimed at increasing access to justice put a big emphasis on the use of the Internet, but "what these people need is a friendly face, a helping hand," Macfarlane notes. It's a big dilemma as governments and legal organizations struggle with limited resources. Shifting to online and phone-based services may save money, but they don't necessarily provide the level of service some people require. In its recent series of reports, the Action Committee on Access to Justice in Civil and Family Matters considered those issues as well. While Nordlander's story illustrates the gaps, one of the reports nevertheless indicated the usefulness of information and educational services that build people's legal capabilities in contrast to formal supports through legal representation in court. As the report pointed out, information and educational services can respond to a greater volume of legal problems and can better support early resolution. It also presented data from Australia showing how the system there allocates the least funding to information and educational services that cost less and help more people while dedicating more money to legal representation for fewer clients. The implication is clear that governments should be shifting that balance. It's cold comfort to people like Nordlander, but the committee report does provide some answers to the dilemma: a national justice Internet portal to simplify and co-ordinate access to information. Such a service would streamline the proliferation of resources out there and, hopefully, ensure they're more useful and easier to use. In addition, the committee report emphasizes the need to have supplemental services available live by phone and online that could hopefully help people like Nordlander needing extra advice. It's an imperfect solution but it's a workable start. — Glenn Kauth Shaky political climate puts legislative agenda on ice T he current session of the Ontario legislature is in the hands of Premier Andrea Horwath and the betting is she'll extract a few more concessions in exchange for her party's support of the budget legislation. Sorry, I should have said NDP Leader Andrea Horwath. It's sometimes hard to know who's really in the premier's office these days. Premier Kathleen Wynne is officially in the role, but it's her associate premier, the leader of the third party, who's setting the agenda. For Horwath, it's not a bad place to be. You have your hands on the wheel but none of the responsibility should things go badly. Wynne's the one in charge and she'll be the one to take responsibility for any more scandals or acts of idiocy. We've already got one of Horwath's extra requests in the form of a demand for the creation of a financial accountability officer who would provide independent oversight of government spending. Modelled on the federal parliamentary budget office most recently held by Kevin Page, it would "provide greater scrutiny and accountability for spending in Ontario. It's a way to ensure the people get the facts about spending and not Law Times How this will actually play the spin," said Horwath. While there's a clear need Queen's out is unclear since promises have a way of fading over time. for oversight, perhaps a betPark The easiest fix might just ter idea would be adding to be to scrap no-fault insurthe excellent staff of the audiance — as the Canadian Bar tor general and boosting his Association has long argued mandate rather than adding — given that it hasn't helped to the bureaucracy. victims of serious accidents In the meantime, Wynne's and it hasn't driven down election-style budget is genrates as promised. Putting the erally getting positive reviews genie back in the bottle, howand it's not a bad package for Ian Harvey ever, is unlikely as the OntarWynne to go to the polls with if that's what Horwath decides should io insurance industry would likely pack happen. The most populist tidbit, if it up the actuarial tables and the whole passes, is a promise to do something situation would in turn revive the issue about car insurance rates for good driv- of government-run auto insurance. Still, while all of this discussion ers by decreasing premiums by an averaround the budget continues, the fact of age of 15 per cent. The budget will give the superinten- the matter is there's a province to run. As dent of financial services the authority I've often observed, one of the side-efto push carriers to file lower rates. This fects of the politically polarized environwill save Ontarians about $225 a year in ment of the last two or three years has premium costs and in return the Finan- been that very little in terms of thoughtcial Services Commission of Ontario ful legislation has become law and so will have the power to license and over- much of it consistently dies on the order see health clinics and practitioners who paper when the session ends. One of the pressing issues relates to provide services to accident victims. The bill will also boost the authority to inves- the recent announcement of rules for mandatory installation of automatic tigate and prosecute insurance fraud. Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON • M1T 3V4 Tel: 416-298-5141 • Fax: 416-649-7870 • www.lawtimesnews.com Group Publisher . . . . . . . . . . . . . . . . . . . Karen Lorimer Editorial Director . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . .Yamri Taddese Staff Writer . . . . . . . . . . . . . . . . . . . . . . Charlotte Santry Copy Editor . . . . . . . . . . . . . . . . . . . . . . Mallory Hendry CaseLaw Editor . . . . . . . . . . . . . . . . . Adela Rodriguez Art Director . . . . . . . . . . . . . . . . . . . . . . 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Publications Mail Agreement Number 40762529 • ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 • 416-298-5141 clb.lteditor@thomsonreuters.com circulations & subscriptions $179.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $145 + HST per year for online only. Single copies are $4.50. Circulation inquiries, postal returns www.lawtimesnews.com sprinklers in seniors' homes and care facilities. Ontario would be the first province to enact such rules. There are about 4,300 buildings affected by the change and owners will doubtlessly complain about the costs, but this is good legislation sorely needed in Ontario. There will be a transition period of about five years starting Jan. 1, 2014. Ontario fire chiefs have long campaigned for this change. Fortunately, the government can implement it through a simple change to regulations in the Ontario Fire Protection and Prevention Act and the Ontario Building Code. As such, it doesn't require new legislation that would have the effect of further delay and risk more lives. It's issues like these that slip through the cracks when politics becomes a daily battle for survival. They provide probably the best argument for an election sooner rather than later given the prospect of a majority government with a clear plan. LT Ian Harvey has been a journalist for 35 years writing about a diverse range of issues including legal and political affairs. His email address is ianharvey@rogers.com. and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. 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