Law Times

Page 4 June 25, 2018 • Law Times www.lawtimesnews.com Increase in pretrial conferences welcomed BY ANITA BALAKRISHNAN For Law Times T he Superior Court of Justice is in the process of accepting early pretrial conferences for some civil personal injury cases, an unusual move that could ease the pres- sure of dwindling judicial resources, law- yers say. "The goal is to improve access to jus- tice to those parties involved in serious personal injury litigation. This initiative is aimed at the resolution of serious per- sonal injury actions in which damages have largely crystallized, including those arising from fatalities, pediatric and oth- er types of medical malpractice, as well as traumatic brain injuries," said a letter posted on the website of The Advocates' Society from Justice Peter Daley to The Advocates' Society and the Ontario Trial Lawyers Association. Judges in the central west region of Ontario — which covers Brampton, Guelph, Milton, Orangeville, Owen Sound and Walkerton — will accept ap- plications, although it's noted that "not all cases will qualify." Claire Wilkinson, past president of the Ontario Trial Lawyers Association and personal injury and insurance litiga- tor at Martin & Hillyer Associates, said the change is an innovative approach to have a judicial pretrial before examina- tions for discovery have been conducted. "[In] the current climate of shrinking judicial resources, OTLA fully supports this type of innovative initiative aimed at bringing cases more quickly to resolu- tion," says Wilkinson. "Until now, par- ties could usually only obtain a judicial pretrial once the trial record had been filed. This opportunity for earlier judicial intervention will create greater and more timely settlement opportunities for all parties involved, which should ultimately help resolve more cases and take more pressure off burgeoning trial lists." David Festeryga of Sullivan Festeryga LLP, past president of Canadian Defence Lawyers, says there is pressure on the court's resources to hear criminal cases quickly following R. v. Jordan. In that case, the court held that the delay of 49.5 months in concluding the trial of Barrett Jordan on drug-related offences was un- reasonable and, thus, a clear breach of his rights. "[Jordan] has a domino effect on all civil cases," Festeryga says. He adds that the Canadian Defence Lawyers "welcomes any efforts to see that civil matters are dealt with efficiently as well." "We're all aware that the wheels can turn slowly these days, and that's not pointing the finger at anyone, it's just a reality," says Rosemary Fisher, a partner with SimpsonWigle LAW LLP in Hamil- ton and Burlington and a member of The Advocates' Society board of directors, which she says is focusing on increasing access to justice. Fisher points to the rapid growth of the central west region over the past few years as Toronto real estate prices jump, making it difficult to allocate many re- sources, including judicial ones. Pretrial conferences can help judges and counsel identify issues that could otherwise consume a lot of court time, which could help efficiently move cases toward settlement, especially in areas where there is not mandatory mediation, says Eugene Bhattacharya, who leads the Peel Criminal Lawyers Association. Unlike criminal cases, which often demand transparency, family cases are sometimes better left private, he says. Bhattacharya says he supports the ex- pansion of such programs, including an extension of mediation and implemen- tation of unified family court across the province, to increase the efficiency of those cases going through the court. But it depends on the case, Festeryga says. He says he doesn't know how many lawyers, if any, have asked for a pretrial from Daley. "Given the right case, the program may work well," Festeryga says. "If the intention of the program is to reduce court resources devoted to civil cases, the proposal may function as a bar- rier to access to justice." Fisher says the pretrial conferences are more about moving the timelines, not necessarily reducing resources. "My take on it is someone ran with that and thought it would be a good idea in this particular region to, on serious cases, allocate some resources to this is- sue to ensure that these seriously injured plaintiffs aren't languishing," Fisher says. "It's always a problem when you're re- lying on peoples' memories, you've got to get reports and so on — these all take time. So, from The Advocates' Society perspective, it's nice to see things like this." LT NEWS NEWS NEWS © 2018 Thomson Reuters Canada Limited 00252HS-93063-NK Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800 CORPORATE / COMMERCIAL New Edition Consolidated Canada Business Corporations Act and Regulations 2018, 38th Edition Contributing Editor: Jonathan Barrentine, J.D. This book is the essential resource for understanding the Canada Business Corporations Act. It contains: • The Canada Business Corporations Act, R.S.C. 1985, c. C. 44 • Can. Reg. 2001-512 (Canada Business Corporation Regulations, 2001) • Can. Reg. 427 (Minister Designation Order) • Forms under the Canada Business Corporations Act • The Winding-Up and Restructuring Act, R.S.C. 1985, c. 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Print + ProView Order # L7798-8463BE-65203 $48 Softcover May 2018 approx. 740 pages ProView only Order # A22736-18ON-65203 $40 Print only Order # L7798-8463-65203 $40 978-0-7798-8463-6 Print + ProView Order # L7798-8470BE-65203 $48 Softcover approx. 860 pages June 2018 ProView only Order # A22738-18ON-65203 $40 Print only Order # L7798-8470-65203 $40 978-0-7798-8470-4 Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Claire Wilkinson says a move to do pretrial confer- ences for some personal injury cases is an innovative approach to have a judicial pretrial before examina- tions for discovery have been conducted. The goal is to improve access to justice to those parties involved in serious personal injury litigation. Justice Peter Daley

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