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PAGE 4 Former PM heralds his firm's new digs NEWS November 30, 2009 • Law Times proving the congested and costly family law system. process and consulting with the profession, After conducting a review Attorney General Chris Bentley says the changes, which will begin "in a number of weeks," will reduce both costs and court backlogs. "You're going to reduce the number of people who for long periods are locked in a bitter, costly family law process." Bentley adds there will be vir- tually no new legislation required for the overhaul and that there will be little new funding. "Th ere isn't any money," he says. "But it doesn't need it." He says the shuffl ing of re- sources will make the system much more effi cient and prevent the need for more funding. But others aren't so sure. "I think that's overly optimistic Family law changes coming in weeks T BY TIM SHUFELT Law Times he province is set to in- troduce long-awaited reforms aimed at im- but I suppose money can be re- directed," says Georgina Carson, chairwoman of the Ontario Bar Association's family law section. As an example of the need for proper funding, Carson points to the attorney general's proposed triage system, which would separate diffi cult and ac- rimonious family law matters from the routine. Such a system would require investment for new up-front re- sources, including information centres and staff , Carson argues. Still, family law practitioners, who have lobbied for the changes for years, welcomed Bentley's pro- posals in a speech at a family law summit last week in Toronto. "Th ere's certainly a lot of un- happiness among the public and the profession [with] the family law system," says Nicholas Bala, a law professor and one of the sum- mit's speakers. He says the system is widely recognized as too adversarial and unable to operate effi ciently. One signifi cant contributor to court backlogs is the number of Marketplace SERVICES AVAILABLE PCLaw Bookkeeping services for the downtown Toronto area. Two ½ days or a single full day per week are available. Please call Rachel Nadler at Ruby & Shiller. 416-964-9664 Former prime minister and Heenan Blaikie LLP counsel Jean Chrétien speaks last Wednesday at the firm's open house for its new offices at the Bay Adelaide Centre in Toronto. Heenan Blaikie is one of three major firms to take up residence in the city's newest commercial tower. EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/commercial and labour and employ- ment. Part/full time. Messages (416) 621-2485. To advertise call 905-841-6481 'You're going to reduce the number of people who for long periods are locked in a bitter, costly family law process,' says Chris Bentley. litigants who choose to represent themselves, Carson says. "It's a huge problem in that people come to court without knowledge of the process or evi- dentiary requirements." But the problem isn't neces- sarily access to justice as many people choose to proceed without representation even though they may be able to aff ord lawyers. In those cases, the litigants rely on judges to guide them through the system. Th at's not a good use of a judge's time and court re- sources, Carson says. "Th at's like someone walking into the emergency room of a hospital and, rather than speak- ing to the triage nurse, asking to speak to the chief of staff ." 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This resource helps you to: • understand the collective bargaining process and how workplace rights and obligations are established • interpret clauses in day-to-day applications of collective agreements • make informed decisions when negotiating the terms of a new collective agreement The Third Edition includes: • changes to the Ontario to prohibit mandatory retirement • new commentary and sample clauses on the duty to accommodate • discussion of the expanding jurisdiction of arbitrators to enforce employment related statutes and disputes • new commentary on witness duty, including a sample clause • new commentary on how holiday pay is calculated under the Ontario • updated commentary on parental leave, personal emergency leave, family leave and military service leave • expanded coverage of public sector examples No other resource offers such a clear explanation of the collective agreement! ORDER your copy today Perfectbound • Approx. 140 pp. • January 2010 • Approx. $72 P/C 0958010003 • ISBN 978-0-88804-497-6 threshold for obtaining legal aid may reduce the number of self- represented litigants, and Bentley notes that money will be avail- able through the $150-million funding boost to legal aid he an- nounced in September. Th e province will also intro- duce mandatory information ses- sions for litigants that, along with the triage system, make up the key "pillars" of Bentley's reform package. Th e overhaul also includes administrative changes to make the court process more effi cient and the promotion of alternative means of dispute resolution such as mediation and collaborative separation agreements. Bentley says the changes will help to keep matters out of the courts. "It's a very combative system, which is not good for kids," Bent- ley says. Simply educating litigants will also help to reduce the number of families that opt for court battles, he says. Most of Bentley's reforms will essentially expand best practices throughout the province. Carson says mandatory infor- mation sessions have been used in Toronto to great success. Still, there will always be some families requiring judicial inter- vention, she adds. "Everyone acknowledges there are certain high-confl ict cases that can't be avoided." Th ose matters should be dealt For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. www.lawtimesnews.com Saxe_Collective Agreement Handbook 3rd Ed (LT 1-3x4)indd 1 11/25/09 3:36:44 PM LT1130 with by one judge through case management, a system already used in parts of Ontario that should be expanded province- wide, Carson says. LT Stewart Saxe and Brian McLean Employment Standards Act, 2000 H uman Right Code Photo: Glenn Kauth

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