Law Times

Page 8 March 16, 2015 • Law Times www.lawtimesnews.com toronto facilities for civil trials a 'disgusting hole' But Ontario says it has spent millions on improvements to Superior Court By JULiUs meLNiTZer For Law Times he Ontario Superior Court of Justice's fa- cilities for civil trials at 393 University Ave. in Toronto are a "disgusting hole," says a veteran civil litigator. "The eighth is the main f loor and it's an absolute shit hole," says Robert Harrison, a partner at Fasken Martineau DuMoulin LLP's Toronto office. "The rooms are airless death- traps, there's no security for judges who have to get up to work on a public elevator, and the public have to find their way around the squalor that amounts to court facilities, and all this in one of the world's ma- jor centres." That isn't likely to change any time soon. "The [former] attorney gen- eral looked at me like I was stoned when I asked about it," says Harrison. Larry Lowenstein of Osler Hoskin & Harcourt LLP in To- ronto says inadequate court fa- cilities shouldn't really come as a shock to anyone. "It's true that our judges are not as secure as we might like," he says. "But does it really surprise that the physical facilities need a refresh when the overall court system is so starved of resources, lacks efficient technology, and doesn't have enough support staff?" But Brendan Crawley, a spokesman for the Ministry of the Attorney General, said in an e-mail the province has in- vested more than $3.6 million at 393 University Ave., "including projects to improve accessibility, security, and program and pub- lic counter space." But Harrison says the figures amount to blowing smoke. "Spending $500,000 annu- ally on 393 has done nothing, for example, to improve the ex- traordinarily poor air quality in the courtrooms," he says. "Judges, lawyers and, I have no doubt, clients and witnesses, detest the place." The July 2014 provincial budget did provide for a new courthouse in downtown To- ronto, but that project would consolidate many of the city's Ontario Court of Justice crimi- nal facilities. "Meanwhile, the civil courts and a lot of very devoted judges will have to continue put- ting up indefinitely with these absolutely disgraceful accom- modations," says Harrison. Harrison's complaints deal with the civil litigation main- stream. Commercial list cases proceed at the old Federal Court building at 330 Univer- sity Ave. The main Superior Court facilities at 361 University Ave. used to accommodate many more civil trials, but the Su- preme Court of Canada time- lines mandated for criminal cases have given them priority. "That happens for the same reason that a disproportionate number of Superior Court judg- es must be assigned to criminal as opposed to civil matters," says Harrison. "Combine that with the fact that we are many judges short of a suitable allotment overall and you get overworked judges, a terrible civil backlog, and all that with the added sweetener of working at 393 University." When the government de- molished the Superior Court premises at 145 Queen St. W. in Toronto, the land gave way to the new opera house rather than the new courthouse many were expecting. "So they put us at 393 in an office building that was never designed to be a courthouse," says Harrison. "But the province never gave a rat's ass about the civil courts and it's never been on their radar, so accommodation that was always supposed to be temporary became perma- nent," he says. Crawley counters that the government has invested more than $1.6 billion in cap- ital projects "to strengthen the justice system," including "significantly" renovating or expanding 27 courthouses across the province. "New courthouses have been completed in Belleville (Quinte), St. Thomas, Thun- der Bay, Kitchener (Water- loo), Oshawa (Durham), and Sioux Lookout," he said. "We are continually in- vesting in upgrades and re- newals to existing facilities and have undertaken signifi- cant infrastructure projects in Barrie, Newmarket, Otta- wa, Parry Sound, Pembroke, Toronto (47 Sheppard Ave.), and Richmond Hill." Again, however, the proj- ect at 47 Sheppard Ave. E., although in Toronto, houses family courts for the On- tario Court of Justice and the Small Claims Court. "No one in government gives a fig about a brand new courthouse for the Superior Court in Toronto, but they al- ways like to see one in places like Barrie," says one senior counsel who spoke on condition of ano- nymity. "It's all about politics." Although Crawley noted the ministry "continues to review facilities requirements and re- spond appropriately," Harrison takes no comfort in the govern- ment's assurances. "The ministry's comments suggest that 393 University will be with us indefinitely, and that is appalling," he says. It's not clear, however, how widespread Harrison's senti- ments are. Some litigators be- lieve, for example, that physical facilities shouldn't be the gov- ernment's priority. "The facilities are not the most beautiful but they func- tion, and I don't think we should be complaining about their quality," says Dimitri Lascaris, a class actions lawyer at Siskinds LLP in London, Ont. "There's a much greater need for judges, clerks, and other re- sources than for spending mil- lions on a courthouse in Toron- to," he adds. Cynics may point out that Lascaris is at a London-based law firm. But Siskinds is also one of the most prominent class action firms in the country and its law- yers spend a great deal of time in Toronto. LT Some lawyers believe the court facilities at 393 University Ave. in Toronto are in dire need of an upgrade. Photo: Glenn Kauth FocuS on Litigation www.kuretzkyvassos.com Tel: (416) 865-0504 w Kuretzky_LT_Apr7_14.indd 1 14-04-02 9:08 AM T

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