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Journal Articles

The Costs of Justice and Paralegals: A Case Study of Rental Housing Disputes in Ottawa

Wiseman, D. [Draft article in preparation]. The Costs of Justice and Paralegals: A Case Study of Rental Housing Disputes in Ottawa.
For more information on this project, read David’s blog article, “Paralegals and Access to Justice


What is Access to Justice?

Farrow, T. C. W. (2014). What is Access to Justice? Osgoode Hall Law Journal, 51:3
Residential Schools Litigation and the Legal Profession
Farrow, T. C. W. (2014) [accepted for publication]. Residential Schools Litigation and the Legal Profession. University of Toronto Law Journal.

Abstract
The first purpose of this article is to examine some of the specific, problematic ways in which the adversarial process has handled the residential schools litigation. The second purpose, in the context of that litigation, is to examine whether the legal profession’s highly adversarial approach to survivors, their families and their claims has been consistent with the core values of the legal profession, and if so, whether those core values continue to be sustainable? What the residential schools legacy affords the legal profession is an opportunity to reflect not just on how it is handling this tragic legacy, but how it serves all Canadian communities – particularly including vulnerable and equity seeking groups – from which, together, the profession derives its very legitimacy and purpose


Learning the ‘How’ of the Law: Teaching Procedure and Legal Education

Farrow, T. C. W., Bamford, D., et al. (2013). Learning the ‘How’ of the Law: Teaching Procedure and Legal Education. Osgoode Hall Law Journal, 51:1, 45 – 91.

Abstract
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a valuable comparator. Common findings from the other jurisdictions suggest that teaching civil procedure enhances the curriculum by bringing it closer to what lawyers actually do as well as enabling a better understanding of the development of doctrinal law.


Ethical Lawyering in a Global Community

Farrow, T. C. W. (2013). Ethical Lawyering in a Global Community. Manitoba Law Journal, 36:1, 141-165.

Description
The communities served by lawyers, the practice contexts in which they work, and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. This lecture seeks to discuss lawyering – good, ethical, lawyering – in a global community and how we not only practice it, but also how we learn about and regulate it. This lecture was delivered at the Isaac Pitblado Lectures “Legal Boundaries in a Global World” on December 1, 2012 in Winnipeg.


Proportionality: A cultural revolution

Farrow, T. C. W. (2012). Proportionality: A cultural revolution. Journal of Civil Litigation and Practice, 1, 151-159, (mentioned in 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corp., 2012 ONSC 6549 at para. 76; Canadian Imperial Bank of Commerce v. Deloitte & Touche(2013), 2013 ONSC 917 at para. 73).

Abstract
Civil justice reform has been occurring at a significant pace around the world over the past several decades. A major part of that reform movement has been the introduction of the concept of proportionality into the rules of civil procedure of various jurisdictions. Proportionality is a mandate designed to push lawyers, judges and litigants to conduct civil cases in ways that are faster, cheaper, more efficient and that make sense in the context of – ie that are “proportional” to – the issues and/or amounts involved in legal proceedings. The fundamental motivation behind the introduction of proportionality is to improve the administration of, and access to, civil justice. Although relatively clear on face value, there are five points about proportionality discussed in this article – namely that proportionality is: widespread and here to stay; is different to the notion of efficiency; potentially militates in favour of improving access to the processes of civil dispute resolution; is a new element of legal professionalism and judicial ethics; and is becoming part of the current endgame of an increasingly efficiency-seeking world of civil justice.


The Good, the Right, and the Lawyer

Farrow, T. C. W. (2012). The Good, the Right, and the Lawyer. Legal Ethics, 15:1, 163-174, (ranked on SSRN “Top Ten download” list for Law Firm/Legal Practice topic).

Description
Should the lawyer be guided by her own sense of what is ethical, moral, just or good; or should she essentially be neutral to those moral or other issues in favour of simply following her client’s instructions within the boundaries set out by the law? By what standard should lawyers ultimately be guided when answering the question of how they should act: the law only, or the law and something else? The purpose of this essay is to look critically at this set of questions by looking at a new attempt to address these issues that is provided by W. Bradley Wendel in his recent book Lawyers and Fidelity to Law.

Books

Civil Justice, Privatization and Democracy

Farrow, T. C. W. (2014). Civil Justice, Privatization and Democracy. Toronto: University of Toronto Press.
Buy at the University of Toronto
Buy on Amazon

Description
Civil Justice, Privatization and Democracy discusses how privatization of the public justice system may lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. The book demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice.


The Architecture of Justice in Transition

Farrow, T. C. W., & Molinari, P. (Eds.). (2014). The Architecture of Justice in Transition. Canada: Canadian Institute for the Administration of Justice.
Purchase articles featured in the book here.

Description
Changes in the administration of justice pose challenges for the role of the Courts as the traditional guardians and determiners of fundamental rights. The Architecture of Justice in Transition discusses the impact of these changes with regards to access to justice and the cost of justice, the ability of the Courts to adapt and respond, adequate accountability and transparency mechanisms, and the necessity of broader structural approaches or legislative steps.
This book is a compilation of articles presented at “The Courts and Beyond: An Architecture of Justice in Transition” conference held in Calgary, AB on October 10-12, 2012.

Book Chapters

The Courts and Beyond: The Architecture of Justice in Transition – Introduction

Farrow, T. C. W. (2014). In T. C. W. Farrow & P. Molinari (Eds.)., The Architecture of Justice in Transition. Canada: Canadian Institute for the Administration of Justice.
Purchase Trevor’s Introduction and other articles from the book here: http://www.ciaj-icaj.ca/en/events/past-annual-conferences/531-2012-the-c…


The Promise of Professionalism

Farrow, T. C. W. (2012). The Promise of Professionalism. In B. Moore, C. Piché & M. Rigaud (Eds.), L’avocat dans la cité: éthique et professionalisme. Montréal: Les Éditions Thémis.

Action Committee Reports

Action Committee Meeting of Provincial and Territorial Access to Justice Groups

Action Committee on Access to Justice in Civil and Family Matters. (July, 2015). Action Committee Meeting of Provincial and Territorial Access to Justice Groups. Ottawa: Action Committee on Access to Justice in Civil and Family Matters.


Report of the Court Processes Simplification Working Group

Farrow, T. C. W., Corte, E. Hon., et al. (2012, May). Report of the Court Processes Simplification Working Group, a report prepared for the Action Committee on Access to Justice in Civil and Family Matters.


Addressing the Needs of Self-Represented Litigants in the Canadian Justice System

Farrow, T. C. W., Lowe, D., et al. (2012, March). Addressing the Needs of Self-Represented Litigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA). Toronto and Edmonton: ACCA.


Access to Civil & Family Justice: A roadmap for change

Action Committee on Access to Justice in Civil and Family Matters. (2013, October). Access to Civil & Family Justice: A roadmap for change. Ottawa: Action Committee on Access to Justice in Civil and Family Matters.

Cost of Justice Reports

The Cost of Experiencing Everyday Legal Problems Related to Physical and Mental Health

Moore, L., Currie, A., Aylwin, N., Farrow, T.C.W., Di Libero, P. (2017, December). The Cost of Experiencing Everyday Legal Problems Related to Physical and Mental Health


The Cost of Experiencing Everyday Legal Problems Related to Social Assistance

Moore, L., Currie, A., Aylwin, N., Farrow, T.C.W., Gilbert-Walters, Q., Di Libero, P. (2017, December). The Cost of Experiencing Everyday Legal Problems Related to Social Assistance


The Cost of Experiencing Everyday Legal Problems Related to Loss of Employment and Loss of Housing

Moore, L., Currie, A., Aylwin, N., Farrow, T.C.W. (2017, December). The Cost of Experiencing Everyday Legal Problems Related to Loss of Employment and Loss of Housing


Nudging the Paradigm Shift, Everyday Legal Problems in Canada

Currie, A., (2016, October). Nudging the Paradigm Shift, Everyday Legal Problems in Canada.


Paths to Justice and the Resolution of Consumer Problems: Findings from the 2014 Everyday Legal Problems and the Costs of Civil Justice in Canada National Survey

Jacobs, L., Kryszajtys, D., McManus, M. (2015, December). Paths to Justice and the Resolution of Consumer Problems: Findings from the 2014 Everyday Legal Problems and the Costs of Civil Justice in Canada National Survey


Selected Annotated Bibliography of National and Regional Legal Needs Surveys

Aylwin, N., Gray, M. (2015, November). Selected Annotated Bibliography of National and Regional Legal Needs Surveys.


The Cost of Justice: Weighing the costs of fair and effective resolution to legal problems

The Canadian Forum on Civil Justice. (2012). The Cost of Justice: Weighing the costs of fair and effective resolution to legal problems. Toronto: The Canadian Forum on Civil Justice.


Issues of Cost & Access: In Canadian’s Social Investment

Delhon S, et al. (2012, November). Issues of Cost & Access: In Canadian’s Social Investment.


Issues of Cost & Access: In Canada’s Health Care System

Delhon, S., Affara, S. et al. (2012, September). Issues of Cost & Access: In Canada’s Health Care System. Toronto: The Canadian Forum on Civil Justice.


Issues of Cost & Access: In Canada’s Early Childhood Education System

Delhon, S., Affara, S. et al. (2012, March). Issues of Cost & Access: In Canada’s Early Childhood Education System. Toronto: The Canadian Forum on Civil Justice.