Law Times

Law Times • February 13, 2012 FOCUS PAGE 11 Continued from page 10 13 official ones. According to the auditor general's report, a lack of financial resources was the pri- mary factor in many rejections. "For cases that would other- wise be accepted (based on the refusal criteria) had funds been available, we were told that anoth- er reason for refusal is selected from one of the 13 refusal cri- teria," the report, quoting senior management at the office, noted. "That's not the fault of the [office]," says Starr. "That's the fault of the Ministry of the Attorney General for not giving it enough money. We need them more in custody and access cases, especially with the rise of self-reps. The [office] has an incredibly important role to play and can really make the difference as far as getting the child's needs properly met." Feldstein says he'd rather see the office be more forthright about its budgetary constraints and warn parties when money is particularly tight. "I've seen periods of time where several cases in a row have been turned down, even ones I thought were perfect, and I always suspected it might have been on financial grounds," he says. "More transparency would be better, I think, because if there's a time period where they're going to be turning down cases over finances, I'd rather they told everybody because it's a waste of everyone's time and money. In that case, I'd rather spend my cli- ent's money, if they have it, on hir- ing someone privately who could do the same thing as the [office]." When the office agrees to take on custody cases, the Family Law Rules require it to complete its investigation and deliver a report with recommendations to the court within 90 days. But the auditor general found it met that deadline in just 20 per cent of cases and saw no evidence of a formal strategy to improve the timeliness. However, Starr is less con- cerned about that delay. She says strict adherence to timelines dur- ing the investigation can lead to cutting corners at the most crucial stage of the office's involvement. In fact, the association wants to see more of the office's efforts concentrated on improving the depth and quality of the inves- tigative process. Starr says that by making more money available at that stage, investigators will feel less limited in the number of meetings they can schedule with parents and children, especially considering how much time it can take to build rapport and trust. The association also wants the office to give more thought to how and where it interviews chil- dren, provide parents with more information on the process from the outset, and take their con- cerns into consideration during it. "If the investigation process is detailed and thorough, I don't think we would be complaining about the length of time it takes," says Starr. "When parties feel an investigation is complete, they will settle." The auditor thorough and general also voiced concerns that the office was becoming less cost-efficient, noting that its payments to panel MARMER PENNER INC. BUSINESS VALUATORS & LITIGATION ACCOUNTANTS BUSINESS VALUATION MATRIMONIAL & OTHER LITIGATION SUPPORT FORENSIC ACCOUNTING QUANTIFICATION OF DAMAGES SHAREHOLDER/PARTNERSHIP DISPUTES GOODWILL IMPAIRMENT TRANSFER PRICING Robert Shawyer agents had grown by 60 per cent during the last decade despite a 20-per-cent decrease in the num- ber of cases it accepted and a static overall caseload. McCarter also recommended that the office include an assessment of whether the fees panel agents charge are reasonable. LT 94 Cumberland Street, Suite 200 Toronto, Ontario M5R 1A3 Tel: (416) 961-5612 Fax: (416) 961-6158 2 Bloor Street West, Suite 2603 Toronto, Ontario M4W 3E2 Tel: (416) 961-5612 Fax: (416) 961-6158 Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com armer_LT_June_10.indd 1 Federation of Law Societies of Canada 2012 National Family Law Program Halifax Marriott Harbourfront, Halifax, Nova Scotia July 16 to 19, 2012 (Opening Reception & Conference Offi ce opens July 15) • Th e conference offi ce will open in the Conference Centre at the Harbourfront Marriott Hotel Sunday July 15 at 1:00 p.m. and remain open until the end of the evening reception. • Th e program will end at 12:00 on Th ursday July 19th. You may want to consider this when making your travel plans. Please consult website www.fl sc.ca for program updates and payment instructions. Th e "early bird" registration fee is $750 plus applicable taxes. After April 30th 2012, the full registration will be $850 plus applicable taxes. Th e "early bird" registration fee for those in practice less than 5 years is $550.00 plus applicable taxes. After April 30th 2012, the registration for those in practice less than 5 years will be $650 plus applicable taxes. Payment is required with registration. Th ere is a new convenient on line method of payment on the Federation of Law Societies website. THINGS TO DO AND SEE Halifax has many cultural attractions including the museums, concerts and festivals. Th e city also off ers an abundance of recreational activities such as golf. Great shops and restaurants are a few steps away from the hotel. Th ere is a wide variety of activities to interest everyone. Th e Tall Ships are scheduled to be on display in July and there is also a Jazz Festival pre conference to enjoy. Registrants are responsible for their own travel and accommodation arrangements. Special rates have been negotiated at the Marriott Harbourfront from $189.00 single or double. Please book early to avoid disappointment. For reservations please telephone the hotel directly at 902-421-1700 and ask for the Federation of Law Societies National Family Law Program conference rates. Th e rates are also off ered pre and post conference to registrants. National Family Law Program 2012 I wish to receive more information about the program when available. Please send this form to: National Family Law Program Federation of Law Societies P.O. Box 244, Woodville, ON K0M 2T0 Phone: (705) 879-3082 (messages) Fax: (705) 374-4131 E-mail: nationalfamilylawprogram@sympatico.ca FederationLawSocieties_LT_Feb13_12.indd 1 www.lawtimesnews.com Name: Firm: Address: City: Province: Postal Code: Telephone #: ( Fax #: ( E-Mail: ) 12-02-08 2:31 PM 6/14/10 3:25:19 PM ) Association's concerns follow critical report on office's performance

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