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Law timeS • September 20, 2010 NEWS PAGE 3 'More work to be done' on facilities: AG Continued from page 1 Winkler said more cases would reach resolution early. In addition, he said liti- gants would benefi t from a more infor- mal and cheaper procedure. Heather Smith, chief justice of the Ontario Superior Court of Justice, was much more positive about changes to the family system in her court. She tout- ed joint initiatives with the Ministry of the Attorney General designed to make the whole process less complicated. Smith praised pilot projects in Mil- ton and Brampton, Ont., stemming from the attorney general's so-called four pillars of family law: information pro- grams, triage, alternatives to court, and streamlined court processes. At the pilot project sites, courts have implemented mandatory information programs for litigants and use dispute resolution of- fi cers to point them in the direction of the most suitable route depending on the nature of their confl ict. "Over the past year, the court has tak- en huge strides towards improving the upfront services for family proceedings," Smith said. But she noted some of the most useful resources, such as Family Law Informa- tion Centres, on-site mediation services, legal advice, and duty counsel are only available at the Superior Court's 17 fam- ily branch sites. In her view, family law litigants require the additional help at every one of the court's 50 locations. "Our court's aim is to ensure that these necessary front-end services are available to all litigants," she said. At the Ontario Court of Justice, Chief Justice Annemarie Bonkalo was also en- couraged by progress on the four pillars during the last year and noted 25,000 families in crisis had come through the doors of her court over that period. "We have seen judges, Legal Aid Ontario, ministry staff , lawyers, social workers, and other family law profes- sionals come together to try to ensure that Ontario families in distress experi- ence our courts in the least harmful way possible," she said. "I am proud of the work that has been accomplished." Her court is now working on an in- tegrated domestic violence court pilot project that would improve communi- cation between the family and crimi- nal courts for cases involving the same people. Winkler also used the opportunity to echo a request he made last year for a new courthouse in Toronto to ease the burden on facilities in the criminal court, a situation he called "critical." "It is indisputable that if we want cases to be dealt with in a timely man- ner, we must improve our courthouse facilities," he said. "Unless our court- houses match the increased demands placed upon them, we risk intractable delays and potential miscarriages of justice." Smith said the provincial government has taken important steps this year to- wards delivering long-sought improve- ments in court technology by promis- ing a "comprehensive technology-based system for the court's work" within years. Nevertheless, she also had issues with the courts' physical infrastructure. "We do face remaining challenges, in particular the impediments to securing vitally necessary facilities for our court's judges in a number of locations," she said. "Brampton, where our judges face an increasingly heavy criminal work- load, presents an acute challenge." In a brief riposte, Attorney General Chris Bentley pointed to renovations and improvements at court locations around the province, including a brand new fa- cility in Th under Bay, but acknowledged "there is more work to be done." When issues of court administration arise, Winkler said the judiciary has an important role to play alongside that of the government. He noted both share an interest in fair, accessible, and timely ju- dicial services and said the Court of Ap- peal will soon sign its fi rst memorandum of understanding with the government setting out the respective responsibilities of each in running the court. "I am not here today to advocate for a whole scale takeover of the administra- tion of justice by the judiciary. Rather, I am here to promote continuing on the course towards increased judicial partic- ipation in operational and policy plan- ning for the court system." Earlier in the day, the three chief jus- tices presented the Ontario Justice Edu- cation Network Award for Outstanding Contribution to Justice to Grace Russell during a ceremony at Osgoode Hall. Russell co-ordinates OJEN's Court- rooms and Classrooms program for the Ontario Court of Justice in Toronto, which brings 13,000 students to Old City Hall each year to give them a look at justice in action and the chance to meet with Crown counsel, defence lawyers, and judges. LT Band had no money to pay fees along the way Continued from page 1 that would reopen the contin- gency-fee agreement. In an open letter to band members, Chief Cliff ord Bull defended the size of the pay- ment, noting Lac Seul had no money to pay for fees and dis- bursements when it launched the case in 2002 and, as a result, preferred to give itself a safety net in the event of defeat. "Th e risk undertaken by our legal team to carry the fi le for eight years was enormous," he wrote. "If we lost the case, then the law fi rm would have had no way of recov- ering the amounts they paid out over the last eight years." But Angeconeb claims an earlier case involving the Long Lake First Nation near Th under Bay, Ont., that settled around 2002 was similar enough to show the law fi rm there was a very good chance the Lac Seul claim would be successful. "Th ere was a case won with almost identical issues," he says. "Th at would tell me that my risks were minimized. Th ey would have assessed that, and 25 per cent was the fi gure they came up with knowing that the chances were they were head- ing for a nice windfall." Lac Seul's claim dates back to 1919, when it surrendered the timber on its reserve to the government so it could handle the harvesting and sale of the product. Following a two-month trial in 2009, Federal Court Justice John O'Keefe issued a judgment in which he agreed with the band that the federal govern- ment had breached its fi duciary duty to Lac Seul in its dealings with timber contractors. Th e judge found contracts weren't re-tendered, bonuses weren't collected, and the Crown had failed to notify the First Nation when the price of timber or the terms of the agreements changed. "Th e Crown did not act in a prudent manner and in the best interests of the band," O'Keefe wrote. Rather than imposing a set- tlement, O'Keefe asked the par- ties to enter into negotiations that resulted in the $27-mil- lion off er in August. Lac Seul had asked for $29 million. Angeconeb says some of the same players were involved in both the Lac Seul and Long Lake matters and that the bands used the same historical research team to build their cases. "Th ey weren't completely re- inventing the wheel," he says. But Keshen dismisses the comparison between the two cases, saying the Long Lake matter settled out of court and had no bearing on Lac Seul. "Our case was contested and it was incredibly complex," he says. "It was as a result of the judgment that the settlement was reached." Lac Seul's elections for coun- cil take place later this month, after which offi cials will get to work on distributing the funds from the government. Ange- coneb says many people expect individual payouts of around $1,500, as well as joint invest- ments on the part of the whole band. "I fi nd a little bit of dan- ger in that. Having watched the payouts that went out with the residential schools settle- ment, many people did well by that, but others did not." LT Key Developments in Estates and Trusts Law in Ontario, 2010 Edition Preprare for the key issues in estates and trusts law Published annually, this book brings together a team of leading practitioners who provide expert insight into the latest noteworthy developments in estates and trusts law. Find out how these developments will affect your practice and your clients, now and in the future. 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