Law Times

Page 2 SePtember 15, 2014 • Law Times www.lawtimesnews.com NEWS years to complete. "This startling change of plan can only result in continuing and worsening delays in criminal jury trials," said Smith. Ensuring timely hearings was a top priority as Smith's two fellow chief justices also pronounced on the state of the courts last week. Newly sworn-in Ontario Chief Justice George Strathy described the challenges as significant "but not insurmountable," a senti- ment echoed by both Smith and Ontario Court Chief Justice Jus- tice Annemarie Bonkalo. Strathy noted his concerns about access of justice in Ontar- io and a lack of space in the trial courts. "Our justice system has become so cumbersome and ex- pensive that it has become inac- cessible to some of our citizens," said Strathy. While a key aim of the legal system is to be fair and produce just results, inefficient practices are impeding that goal, he said, suggesting those who work in the legal system have a collective responsibility to improve the ad- ministration of justice. Despite her concerns, Smith commended the success of the Superior Court's internal re- view of delays in civil matters, an effort spearheaded by Justice Geoffrey Morawetz. "I am absolutely delighted to report that the first phase of the GTA civil justice review has yielded results that are nothing short of outstanding, particular- ly for Toronto," said Smith. "Last year's unacceptable wait times for civil long motions and long trials are now history." Timely hearings in civil cases were a top priority last year as av- erage wait times for a short civil motion had reached four months and long motions were taking 11 months. Smith said the time- lines for both motions are now "a few short weeks." She also noted a significant decrease in wait times for certain long civil trials that could take up to 22 months. The timeline is now six months for any long civil trial, according to Smith. In explaining the changes, she touted the reduction of counter- productive booking practices and other inefficient procedures. "When the bar organization spoke last year, we listened," she said. Despite the progress, Smith said maintaining it in the com- ing years will be "virtually impossible" without a full judiciary. Bonkalo, who will be leaving her post next May, highlighted the continued efforts to ensure "open, modern, and fair justice" in Ontario's court system. In noting some of the examples, she referred to improvements in quarterly statistical reporting of court activity and efforts to make information more accessible to unrepresented litigants. Further improvements, she said, will include increased use of videoconferencing in court- rooms and a provincewide elec- tronic judicial scheduling tool. "While fairness already un- derscores all our daily efforts, we're always looking at ways to improve. Reducing trial con- tinuations through enhanced case management will be focal points for our court in the com- ing year," said Bonkalo. When it comes to family law, Bonkalo said measures such as on-site mediation for families have been helping. But she add- ed: "We need to do more." In addition, she noted her par- ticular concern about the plight of Ontario's youth. "Our court continues to be deeply concerned about the special challenges faced by young people. These youth often have multiple needs: legal, housing, employment, edu- cational, mental health, and ad- diction," said Bonkalo. "Our youth are our most pre- cious resource and are worth our collective investment." Speaking after the judges, At- torney General Madeleine Meil- leur ref lected Strathy's concerns when she referred to access of justice as "the most pressing issue of our time." "Many of us have seen the struggles of vulnerable, self-rep- resented litigants," said Meilleur. "There are no easy answers, and this is not an issue any of us will be able to solve on our own. Partnerships will be key." Meilleur also said the Ministry of the Attorney General is seek- ing to modernize the court sys- tem by posting daily docket in- formation online and providing for electronic filing at the Small Claims Court. She also com- mended the Law Commission of Ontario's involvement in im- proving access to justice, calling its efforts "excellent work." LT Alternative Legal Career with Practical Law Carswell, a omson Reuters Business, is looking for several talented individuals to join the Practical Law Canada team. 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He argued internal communication between the firm's lawyers suggested they were aware they were representing the dealers. He pointed to an e-mail Cassels Brock lawyer Bruce Leonard sent to his colleagues raising his concerns about a possible conf lict in representing both the dealers and the Canadian government at the same time. But a response to that e-mail suggested the association was the client and it was aware of Cassels Brock's representation of the government. In the same e-mail chain, Leonard also reminded his colleagues Cassels Brock would "back off the dealers if their position threatens Industry Canada's," said Finlay. Cassels Brock didn't present its opening statement on the first day of the class action trial on Tuesday. Earlier in the day, another lawyer for the plaintiffs, David Sterns of Sotos LLP, argued GM had made the dealers sign the wind-down agreements during the financial crisis through "ambush, deception, and divide-and-conquer tactics." GM gave the dealers just six days to obtain legal advice and sign the agreement when, as a franchisor, the law required it to give them at least 14 days to mull over the deal, Sterns told the court. The dealers received no notice they'd be receiving the wind-down agreements when other parties, such as the federal and provincial gov- ernments, were aware of what was to come, Sterns suggested. The dealers were in "a state of shock" when they received the let- ter on May 20, 2009, advising them of the wind-down plans, he said, adding the reason behind the delay to get the information to them wasn't some "act of God" but GM's own convenience. Sterns also alleged the letter GM sent to the dealers was mislead- ing in many ways. It led the dealers to believe GM's government bailout package was subject to a 45-per-cent reduction of its dealer network by the end of 2010, said Sterns. "General Motors' message to the dealers was that the government was forcing their hands to make the cuts by the end of 2010," he said. But in fact, "the government at no time required General Motors to reduce the dealership by the end of 2010 as a condition of the bail- out," he added. In addition, GM told the dealers the wind-down offer required 100-per-cent acceptance, but "the evidence will show a 100-per-cent acceptance was never required," according to Sterns. The company also refused to reveal to the dealers which one of them had received the wind-down notice, something Sterns said was a breach of their right to association. Kent Thomson, counsel for GM, said the allegations are "of no substance" and told the court to "strip the inf lammatory rhetoric" of his opposite counsel. The dealers were "sophisticated" businesspeople who made their choices after getting the benefit of independent legal advice, accord- ing to Thomson. "They made a fully informed decision with their eyes wide open," he said, adding there had been "no ambush whatsoever." The dealers signed the agreement because they were well aware of the loss they would suffer if GM had filed for bankruptcy, said Thomson, adding his client would lead expert evidence to prove it was "so far under water that if you were an unsecure creditor, you would have literally been left with a goose egg." With respect to GM's obligation as a franchisor under the Arthur Wishart Act, the company says the legislation didn't apply to the wind-down agreement. "As GMCL did not offer to grant a franchise in connection with the offer of the Wind Down Agreements, GMCL was not a franchisor for the purpose of section 5 of the Wishart Act, section 4 of the Alberta Franchises Act, or section 5 of the PEI Franchises Act when offering the wind down agreements," GM said in its statement of defence. "Accordingly, GMCL had no obligation to deliver a disclosure docu- ment to any of the accepting dealers at least fourteen days prior to the signing of the wind down agreement by that accepting dealer, or at all." The trial continues with hearings set for six weeks in Toronto. LT Continued from page 1 Continued from page 1 Strathy concerned about inefficiencies in court system 'Reducing trial continuations through enhanced case management will be focal points for our court in the coming year,' says Chief Justice Annemarie Bonkalo. Dealers had six days to sign agreement Photo: Kabeer Sethi

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