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The Honourable Justice D.M. Brown - who is known for writing decisions that often feature critiques of the justice system - is at it again.
An article in the Globe and Mail discusses the decision. The ruling was made June 25th on a preliminary matter in a lawsuit brought by York University against a former assistant Vice President that is accused of perpetuating a $1.2 million fraud. The case is a year and a half old, has accrued hundreds of thousands in legal costs, with a trial date nowhere is sight.
Justice Brown said the case was a prime example of a serious problem with Canada's judicial system. Increasingly people, especially those of limited means, face the prospect of legal fees exhausting their resources before they even get to trial.
At one point he suggests one of the root problems is the idea that "trials are bad" and "mediation will solve all problems" - a perception that has been growing in recent years. This has sapped the will to move the matter swiftly to trial.
He wrote:
"Such a state of affairs reflects an unacceptable failure on the part of our civil judicial system."
"Such a state of affairs reflects an unacceptable failure on the part of our civil judicial system."
"One cannot overstate the oppressive effect on the judicial morale of the endless wave of cases which seem to be going nowhere in a civil justice system that is sinking."
x x x."
