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Conferences

What Do We Know, What Don’t We Know and What Should We Know About the Cost of Civil Justice in Canada

Aylwin, N., Currie, A., Dylag, M., Farrow, T. C. W., Jacobs, L., Semple, N. (June 2017), Law and Society 2017 Annual Meeting, Mexico City, Mexico – For this roundtable, leading researchers from the Cost of Justice in Canada initiative discussed key findings from this project and the impact of this seminal study, recommendations and innovations for the future of costs research and access to justice in Canada as well as the gaps that remain in the data field for civil justice problems.


Equal Access to Justice Policy Roundtable

Farrow, T. C. W. (2017, May). The Equal Access to Justice Policy Roundtable at the Organisation for Economic Cooperaiton and Development (OECD), Paris, France.


Everyday Consumer Legal Problems

Jacobs, L., Kryszajtys, D., McManus, M. (2015, December). Everyday Consumer Legal Problems. Presentation delivered at the Canadian Partnership for Public Policy-Oriented Consumer Interest Research (PPOCIR) Partnership Workshop, Montreal, Quebec.


Cost of Justice: Promising Practice and Cautionary Tales in Cost of Justice Research

Farrow, T. C. W. (2015, June). Cost of Justice: Promising Practice and Cautionary Tales in Cost of Justice Research. Presentation delivered at the International Legal Aid Group Conference, Edinburgh, Scotland.


Cost of Justice: Weighing the Costs of Fair and Effective Resolution of Legal Problems in Canada

McHale, M. J., Aylwin, N., & Jacobs, L. (2015, May). Cost of Justice: Weighing the Costs of Fair and Effective Resolution of Legal Problems in Canada. Presentation delivered at the Law and Society Association Annual Meeting, Seattle, WA.


Catalysts for Justice: Clinics on the Cutting Edge of A2J

Aylwin, N. (2015, May). Catalysts for Justice: Clinics on the Cutting Edge of A2J. Presentation delivered at the Eastern Region Spring Training Conference Clinics as Catalysts for Social Justice, Kingston, ON.


The New Reality: Managing Cases with Self-Represented Litigants

Wiseman, D. (2014, October). The New Reality: Managing Cases with Self-Represented Litigants. National Judicial Institute Seminar on Self-Represented Litigants. Panel presentation to be delivered from Reno, NV.


A New Approach to the Law on Domestic Relations: Social Responsibility and the Practice of Family Law

Cromwell, Hon. T., Boyd, J., McHale, J. (2014, June). A New Approach to the Law on Domestic Relations: Social Responsibility and the Practice of Family Law. Presentation delivered at the Annual Canadian Association of Law Teachers Conference, Winnipeg, MB.


Access to Justice, Professional Consciousness and Legal Education

Farrow, T. C. W., Aylwin, N. (2014, June). Access to Justice, Professional Consciousness and Legal Education. Presentation delivered at the Annual Canadian Association of Law Teachers Conference, Winnipeg, MB.


Law in Lives: Bringing a Life Course Perspective to Access to Justice Research

Pilliar, A. (2014, May). Law in Lives: Bringing a Life Course Perspective to Access to Justice Research. Law and Society Annual General Meeting. Cost of Justice Panel. Presentation delivered at the Law & Society Annual Meeting, Minneapolis, MN.

Abstract
What are the future directions for unmet legal needs research? This paper suggests one possible direction, namely attempting to understand unmet legal needs over the life course. Drawing on methods and examples from public health research and elsewhere, a life course perspective on unmet legal needs could prove valuable in understanding how legal problems aggregate and disaggregate across time, and in understanding common trajectories of entanglement with justiciable problems among sub-populations. This approach has important implications for access to justice research. Understanding unmet legal needs over the span of a lifetime will lead to more complex examination of how distribution of legal services – whether by market or other approaches – can effectively address justiciable problems. This approach will also provide more depth and detail to the picture of unmet legal needs by expanding that picture over the course of a lifetime. This more detailed understanding may permit more promising policy responses to access to justice problems. After exploring recent developments in unmet legal need research, this paper will investigate the ideas and methods which underlie a lifecourse research approach before critically assessing the potential for life course perspectives in access to justice research. The paper will also sketch a preliminary research agenda for access to justice research which is informed by a life course approach, and will explore opportunities and challenges for that research agenda, with a particular focus on research in Canada. This research is generously supported by the SSHRC Community-University Research Alliance Cost of Justice project, at the Canadian Forum for Civil Justice.


Accessible Professionalism

Semple, N. (2014, May). Accessible Professionalism. Cost of Justice Panel. Presentation delivered at the Law & Society Annual Meeting, Minneapolis, MN.

Abstract
Lawyers in private practice are an essential portal between people with legal problems and the just resolutions which law promises. How, and to what extent, do lawyers create access to justice for individuals negotiating with or confronting insurance companies, ex-spouses, landlords, and other non-state parties? What impediments do these private law “personal plight” lawyers encounter in their efforts to provide services to people of modest means? Is there anything that the legal profession and its regulators can do to increase the accessibility of this segment of the bar? To respond to these queries, the author proposes a mixed-method empirical research project with Ontario lawyers. The research goals include advancing knowledge of legal professionalism in action, and creating new insights about how private practice lawyers can facilitate access to justice. At the Conference, I hope to introduce and obtain feedback on my primary research queries. Justice would be more accessible if lawyers’ services were more affordable. What factors influence lawyer decisions about how much to charge? How are business management and profitability imperatives reconciled with the professional and personal inclination to help impecunious needy people? Flat rate billing and contingency billing arguably have accessibility advantages over hourly billing; how do lawyers decide between these pricing models? Non-financial impediments to access can also be better understood through empirical research with lawyers. Personal plight legal services might be more accessible if the firms providing them were larger and better-capitalized. Why have small firms and solo practices remained dominant in this sphere? How do lawyers perceive the benefits and drawbacks of aggregating into larger firms? Would they prefer to serve their clients from within the non-lawyer controlled “alternative business structure” firms which are now proliferating in the United Kingdom? Have personal plight lawyers considered or experimented with potentially access-enhancing options such as unbundled legal services, legal process outsourcing, and quantitative legal prediction? Finally, I hope to ask questions about how lawyers perceive marketing and public legal consciousness, and about their experiences of isolation and financial insecurity.


Conversations on Access to Justice: Aboriginal Legal Needs and Community-Led Policy-Making

Aylwin, N & Wisniewski, K. (2014, May). Conversations on Access to Justice: Aboriginal Legal Needs and Community-Led Policy-Making. Cost of Justice Panel. Presentation delivered at the Law & Society Annual Meeting, Minneapolis, MN.

Abstract
In July 2013 The Expert Mechanism on the Rights of Indigenous Peoples released the report, “Access to justice in the promotion and protection of the rights of indigenous peoples”. This report is an example of the way in which traditionally national conversations on access to justice and indigenous peoples have now become global. In this paper we discuss what we know about aboriginal legal needs and how these needs must be interpreted in relation to local and global conversations on human rights, self-determination, and culture and legal pluralism. We suggest that these conversations challenge us to think differently about the costs of providing, and failing to provide, access to justice to First Nations and other aboriginal peoples in Canada and encourage us to support new forms of community-led policy making.


Costs of Justice, Health and Well-being

Wiseman, D. (2014, March). Costs of Justice, Health and Well-being. Connecting Ottawa Annual Conference. Panel presentation delivered from Ottawa, ON.


Courts and Access to Justice

Farrow, T. C. W. (2013, December). Courts and Access to Justice. Renewing Our Vision Over Time. Presentation at National Judicial Institute, 25th Anniversary Symposium, Ottawa, ON.


Access to Justice and Legal Education

Farrow, T. C. W. (2013, October). Access to Justice and Legal Education. Research and Scholarship. Presentation delivered at the Canadian Association of Legal Ethics 8th Annual Symposium and Annual Meeting, College of Law, University of Saskatoon, SK.


Legal Problems Survey Methodology

Currie, A. (2013, September). Legal Problems Survey Methodology. Presentation delivered at the Research Committee on the Sociology of Law Conference, Toulouse, France.


Self-Represented Litigants: The Current Landscape

Farrow, T. C. W. (2013, August). Self-Represented Litigants: The Current Landscape. Panel presentation delivered at the Canadian Bar Association Legal Conference, Saskatoon, SK.


Access to Justice: The Public’s Perception

Farrow, T. C. W. (2013, July). Access to Justice: The Public’s Perception. Law on the Edge. Panel presentation delivered at the Canadian Law and Society Association conference, Vancouver, BC.


The Cost of Justice: Weighing the Costs of Fair and Effective Resolution to Legal Problems

Jacobs, L. (2013, July). The Cost of Justice: Weighing the Costs of Fair and Effective Resolution to Legal Problems. Presentation delivered at the Canadian Law & Society Association Annual Meeting, Vancouver, BC.


Self-help: How Far can it Go?

Currie, A. (2013 June). Self-help: How Far can it Go? Presentation delivered at the International Legal Aid Group Conference, The Hague, The Netherlands.


The Cost of Justice

Jacobs, L. (2013 May). The Cost of Justice. Panel presentation delivered at the Law & Society Association Annual Meeting, Boston, MA.


Accessing Justice: Telling Stories and Learning Lessons from Community-driven Policy Making in First Nations-Communities

Aylwin, N. (2013 May). Accessing Justice: Telling Stories and Learning Lessons from Community-driven Policy Making in First Nations-Communities. Encounters in Canada: Contrasting Indigenous and Immigrant Perspectives. Presentation delivered from Toronto, ON.


Alternative Business Structures and Access to Justice

Wiseman, D. (2013, April). Alternative Business Structures and Access to Justice. Envisioning Equal Justice Summit. Panel presentation delivered at the Canadian Bar Association conference, Vancouver, BC.


Building Blocks for Equal Justice

Currie, A. (2013, April). Building Blocks for Equal Justice. Envisioning Equal Justice Summit. Panel presentation delivered at the Canadian Bar Association conference, Vancouver, BC.


Measuring Effectiveness of Access to Justice Initiatives

Jacobs, L. (2013, April). Measuring Effectiveness of Access to Justice Initiatives. Envisioning Equal Justice Summit. Panel presentation delivered at the Canadian Bar Association conference, Vancouver, BC.


Toward a national A2J strategy

Farrow, T. C. W. & McHale, J. (2013, April). Toward a national A2J strategy. Envisioning Equal Justice Summit. Panel presentation delivered at the Canadian Bar Association conference, Vancouver, BC.


Measuring the Costs of an Inaccessible Justice System and the Benefits of Inclusive, Equal Justice

Farrow, T. C. W. & Jacobs, L. (2013, April). Measuring the Costs of an Inaccessible Justice System and the Benefits of Inclusive, Equal Justice. Envisioning Equal Justice Summit. Panel presentation delivered at the Canadian Bar Association conference, Vancouver, BC.


Access to Justice and Health

Farrow, T. C. W. (2013, January). Access to Justice and Health. Does Your Health Depend on Your Access to Justice. Presentation delivered at the Canadian Institute for Health Research et al., Toronto, ON.


Human Rights, Access to Justice & Innovation

Sossin, L. (2013, January). Human Rights, Access to Justice & Innovation. Remedying Discrimination: A Symposium on the Ontario Human Rights Review. Panel presentation delivered at Osgoode Hall Law School, Toronto, ON.


Reflecting on the Role of the Legal Profession in the Residential Schools Legal Processes

Farrow, T. C. W. (2013, January). Reflecting on the Role of the Legal Profession in the Residential Schools Legal Processes. Assessing Canada’s Indian Residential Schools Litigation and Settlement Processes. Presentation at the Faculty of Law, University of Toronto.


Cost of Justice

Farrow, T. C. W. & Affara, S. (2012, December). Cost of Justice. Ideas and Approaches for Access to Civil Justice Research: Bridging the Divides of Research and Practice. Presentation delivered at the National Legal Aid and Defender Association annual conference, Chicago, IL.


Access to Civil Justice: Re-Envisioning and Reinvigorating Research

Currie, A. (2012, December). Access to Civil Justice: Re-Envisioning and Reinvigorating Research. Presentation delivered at the American Bar Foundation, Chicago, IL.


Accessing Justice Through a Culture of Justice

Farrow, T. C. W. (July 2012). Accessing Justice Through a Culture of Justice. Access to Justice and Pro Bono. Presentation delivered at the International Legal Ethics Conference (V), Banff, AB.


Judicial and Administrative Tribunal Mediation Experience in Ontario

Farrow, T. C. W. (2011, December). Judicial and Administrative Tribunal Mediation Experience in Ontario. Judicial Mediation Policy Day. Panel chair at the Ontario Bar Association, Toronto, ON.


Cost of Justice

Cost of Justice. [2014, May]. Law & Inequalities: Global and Local. Panel to be held at the Law & Society Association Annual Meeting, Minneapolis, MN.

For information of the paper presentation delivered at this panel, see “Presentations”

Abstract
Research on access to justice – at the local, national, and international levels – has often noted the conflict between initiatives to improve access and limits to the funding of those initiatives. The papers presented in this panel address this tension in a variety of settings and locations, and seek to push into new conceptualizations and approaches to the “cost of justice”. These papers explore conceptual boundaries between cost and justice – including the costs of injustice – in a wide range of sites, including rights of indigenous peoples, how private lawyers manage the costs of providing services, how demands for justice change over the life course, and new findings on the cost of unmet legal needs. This panel was supported by the SSHRC Community-University Research Alliance Cost of Justice project at the Canadian Forum on Civil Justice.


Access to Justice

Access to Justice. (2014, February). A Symposium in Honour of John McCamus. Panel held at Osgoode Hall Law School, Toronto, Ontario.

Lectures

Legal Ethics & Access to Justice

Farrow, T. C. W. (2015 March). Legal Ethics & Access to Justice. CBA – FLSC Annual Ethics Forum, Toronto, Ontario.


Five Current Issues in Civil Litigation

Farrow, T. C. W. (2014, March). Five Current Issues in Civil Litigation. Advanced Litigation Law Program. Lecture delivered at the Institute of Law Clerks of Ontario, Toronto.


The Future of Self-Represented Litigants

Farrow, T. C. W. (2014, February). The Future of Self-Represented Litigants. The New Reality: Managing Cases with Self-Represented Litigants. Lecture delivered at the National Judicial Institute, Ottawa, ON


Where Do We Go From Here?

Farrow, T. C. W. (2014, February). Where Do We Go From Here? The New Reality: Managing Cases with Self-Represented Litigants. Lecture delivered at the National Judicial Institute, Ottawa, ON.


The Cost of Evidence

Farrow, T. C. W. (2013, October). The Cost of Evidence. How Do We Know What We Think We Know: Facts in the Legal System. Workshop co-chair at Canadian Institute for the Administration of Justice conference, Toronto, ON.


The Future of the Courts

Currie, A. (2013, June). The Future of the Courts. Workshop participant at the Justice Innovation Lab, The Hague Institute for the Internationalization of Law, The Hague, Netherlands.


Measuring the Costs of an Inaccessible Justice System and the Benefits of Inclusive, Equal Justice

Farrow, T. C. W. (2013, April). Measuring the Costs of an Inaccessible Justice System and the Benefits of Inclusive, Equal Justice. Envisioning Equal Justice Summit. Panel moderator at Canadian Bar Association, Vancouver, BC.


Simplification or Re-Engineering: Defining the Role of the Courts in Ensuring Access

Farrow, T. C. W. (2013, April). Simplification or Re-Engineering: Defining the Role of the Courts in Ensuring Access. Envisioning Equal Justice Summit. Panel co-moderator at Canadian Bar Association, Vancouver, BC.


The Interface between Mental Health and Access to Justice

Farrow, T. C. W. (2013, March). The Interface between Mental Health and Access to Justice. Public Interest Day 2013. Panel chair at Osgoode Hall Law School and University of Toronto, Faculty of Law, Toronto, ON.


What is Access to Justice: Views for the Street

Farrow, T. C. W. (2013, February). What is Access to Justice: Views for the Street. A Symposium in Honour of John McCamus: Scholarship, Teaching and Leadership. Presentation delivered at Osgoode Hall Law School, Toronto, ON.


The 2006 Amendments to the Human Rights Code and the Promotion of Access to Justice

Farrow, T. C. W. (2013, January). The 2006 Amendments to the Human Rights Code and the Promotion of Access to Justice. Remedying Discrimination: A Symposium on the Ontario Human Rights Review. Panel moderator at York Centre for Human Rights et al., Osgoode Hall Law School, Toronto, ON.


Isaac Pitblado Lecture: Ethical Lawyering in a Global Community

Farrow, T. C. W. (2012, December). Isaac Pitblado Lecture: Ethical Lawyering in a Global Community. Legal Boundaries in a Global World. Lecture delivered at the Faculty of Law, University of Manitoba, Law Society of Manitoba and Manitoba Bar Association 2012 lecture series, Winnipeg, MB.


Memorial Lecture: Access to Justice

Farrow, T. C. W. & Ketcheson, H. M., Q.C. (2012, November). Memorial Lecture: Access to Justice. Lecture delivered at the Saskatchewan Crown Counsel Association, Regina, SK.


The Access to Justice Problem

Farrow, T. C. W. (2012, November). The Access to Justice Problem. Walking the Talk about Access to Justice. Presentation delivered at the National Judicial Institute, Superior Court of Justice (Ontario) Fall Education Seminar, Toronto, ON.


Use and Occupancy: Building Another Building?

Farrow, T. C. W. (2012, October). Use and Occupancy: Building Another Building? The Courts and Beyond: The Architecture of Justice in Transition. Panel chair at Canadian Institute for the Administration of Justice Annual Conference, Calgary, AB.


How Do We Bring Justice?

Farrow, T. C. W. (2012, May). How Do We Bring Justice? Legal Practice and Legal Theory Discourse – Critical Views of Education and Research. Keynote address delivered at the Osgoode Hall Graduate Law Students’ Association conference, Osgoode Hall Law School, Toronto, ON.


Access to Justice in Canada

Farrow, T. C. W. (2012, May). Access to Justice in Canada. Presentation delivered at the Law Society of Upper Canada, Benchers’ Committee on Access to Justice, Toronto, ON.


Protecting Privacy Rights: Access to Justice Issues in a Global Digital Economy

Jacobs, L. (2012, May). Protecting Privacy Rights: Access to Justice Issues in a Global Digital Economy. Pathways to Privacy (P2P): Privacy for Everyone Symposium. Lecture delivered at the Office of the Privacy Commissioner of Canada (OPC), Ottawa, ON.


The Future of Civil Justice

Farrow, T. C. W. (2012, April). The Future of Civil Justice. Research Celebration. Featured presentation delivered at Osgoode Hall Law School, Toronto.


Halpern 21st Annual F. B. Wickwire Memorial Lecture: Access to Justice: Reality, Rhetoric and Recommitment

Farrow, T. C. W. & Cromwell, T. A., Hon. (2012, February). Halpern 21st Annual F. B. Wickwire Memorial Lecture: Access to Justice: Reality, Rhetoric and Recommitment. Lecture delivered at the Schulich School of Law and Nova Scotia Barristers’ Society, Dalhousie University, Halifax, NS.


Diversity in the Legal Profession

Farrow, T. C. W. (2012, February). Diversity in the Legal Profession. Facilitator at the Black Law Students Association “Town Hall” discussion, Osgoode Hall Law School, Toronto, ON.


Access to Justice in Canada: Challenges and Initiatives

Farrow, T. C. W. (2012, February). Access to Justice in Canada: Challenges and Initiatives. Keynote address delivered at the 2012 midwinter meeting of the Canadian Bar Association–Saskatchewan Branch, Regina, SK.


Future of the Canadian Forum on Civil Justice

Farrow, T. C. W. (2011, March). Future of the Canadian Forum on Civil Justice. Co-chair at external stakeholder roundtable discussion, York University, Toronto, ON.


Initiatives at the Canadian Forum on Civil Justice

Farrow, T. C. W. (2011, February). Initiatives at the Canadian Forum on Civil Justice. Co-chair at internal stakeholder roundtable discussion, York University, Toronto, ON.