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Report on New Probate Rules

…Civil Rules (Civil Rules). The former Rules 61 and 62 could not be given a high priority for revision in that process and appear largely unchanged as Rules 21-5 and…

Vancouver Justice Access Centre Self-help and Information Services (previously BC Supreme Court Self-Help Information Centre)

…as the in-person service delivered by the two staff who work at the physical location. The office is open for walk-in service and there is no financial eligibility test for…

Joint and Several Liability Under the Ontario Business Corporations Act

…and analyzing arguments for retention of the status quo of joint and several liability, reform to a system of proportionate liability and/or statutory caps, as well as market based mechanisms…

Report on Section 29(2) of the Land Title Act and Notice of Unregistered Interests

…from conflicting interpretations of section 29(2) of the Land Title Act. Uncertainty surrounding the effect of section 29(2) complicates dealings with land in British Columbia and raises the level of…

Consultation Paper: Civil Rights in Saskatchewan Long-term Care Facilities

…attention. We should, through the long-term care system we create, provide the highest quality of life that we can for residents. Compassionate and caring long-term care homes and their staff,…

Federal Electronic Filing Service

…immigration and admiralty proceedings November 2008: Electronic Filing Service expanded to the remainder of Federal Court’s jurisdiction May 2020: Updates to Electronic Guide for Preparation of Digitized Court Documents, including…

Estate Administration

…of administering an estate is made easier for the PR and all involved if communication is open and effective. Revision History: This summary was last reviewed on June 13, 2024…

Report on Proposals for a New Commercial Tenancy Act

…Law and Equity Act, the Land Title Act, and the Land Transfer Form Act. This project does not address residential leases—that is, leases for living accommodations. In this way, it…

Awards of Costs and Access to Justice

…of litigation by settling without going to court. Status: Completed Jurisdiction: Saskatchewan Court: Court of King’s Bench Body Responsible: Law Reform Commission of Saskatchewan Publications: Awards of Costs and Access…

Joint Ventures

…first adopted in 1896 and to common law that has developed over the centuries. There is thus a lack of fit between the applicable law on the one hand and…

Modernization of the Provincial Offences Act

…the Canadian Charter of Rights and Freedoms, changes to the Criminal Code, the considerable increase in fines for certain offences, the importance of new technologies and the official recognition of…

Seniors-only Housing

…comment on this proposal, and some related questions. We received a number of responses (see Appendix A). Some voiced support for the Commission’s preliminary conclusion, and some not. In the…

The Family Property Act (previously the Matrimonial Property Act)

Year: 2020 Description: The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 40 years ago and there has been no substantive amendment…

Wills and the Legal Effects of Changed Circumstances

…Ireland and Scotland. Developments: The Wills and Succession Act was enacted in 2012 as a replacement to the Wills Act. Revision History: This summary was last reviewed on June 13,…

Limitations

…way for current times. Status: Completed Jurisdiction: Manitoba Publications: The Limitation of Actions Act Limitations Limitations Purpose: The Limitations report concerns itself with a review and discussion of The Limitation…

Alberta Summary Trial Rules

…test should be stated in a rule, not a practice note, and should articulate the factors in Rule 158.4(1)(b), although the wording should be clarified and the test should be…

Administrative Adjudicative Decisions: Statutory Review Mechanisms

…Adjudicative Decisions: Statutory Review Mechanisms – Tribunal Inventory Purpose: For the purpose of its deliberations, ALRI dedicated research time to prepare a detailed inventory of such tribunals and their statutory…

Yukon Family Law Case Conferences (Practice Direction 40)

…private mediation, collaborative practice, judicial mediation, settlement and arbitration consider some of the well-established principles of custody, child support, spousal support and property division identify and narrow the issues set…

Everyday Legal Problems and the Cost of Justice in Canada

Infographics Everyday Legal Problems and the Cost of Justice in Canada Having trouble viewing this? Download the PDF version!…

Recommended Reading and Resources

Nos projets Community-Based Justice Research (CBJR) Recommended Reading and Resources Return on Investment Analyses of Local Initiatives and Other Research Ten Steps Forward on the Way to Justice for All…

Access to Criminal Justice – A Study on Criminal Courts and Self-Representation

…to make the case for why investing in justice and court services is important and cost effective, and why well supported and resourced public courts and justice services are vital…

Clicklaw

…as results for some searches. The « Learn and Teach » section includes education resources on the law and legal system. The « Reform and Research » section includes law…

Nova Scotia Small Claims Court

…3) recording some of the more complex hearings, and 4) developing and implementing a comprehensive data collection plan regarding the Nova Scotia Small Claims Court. Future research should evaluate the…

Ontario Family Law Information Centres

…court house where you can get free information and help about issues related to separation and divorce and other family law matters. It is a good idea to get this…

BC Small Claims Court Mediation Program (Rule 7.2)

…Timeline: 1998: CMP established April 2003: Practice Directive replaced by Rule 7.2 Publications: Court Mediation ProgramExternal Link (website) (BC Attorney General, 2009). [Website] British Columbia, Small Claims Rules, r. 7.2.External…

Transition to the New Rules of Court

Year: 2010 Description: The Alberta Rules of Court came into force on November 1st, 2010. This paper outlines the transition provisions and how the new rules will affect existing proceedings….

Saskatchewan Small Claims Court – Case Management Conference

…the preparation of a Bench Book for Judges presiding over small claims matters, a one day session for judges on case management conferences, and training sessions for court staff from…

Newfoundland and Labrador Case Management (Rule 18A)

Year: 2005 Description: Overview of the case management process Supreme Court of Newfoundland and Labrador rule. Status: Permanent implementation Jurisdiction: Newfoundland and Labrador Court: Supreme Court of Newfoundland and Labrador…

BC Family Mediation Practicum Project

…agencies and practitioners have been collaborative and constructive, building a firm foundation upon which the Project can build a place in the family justice and mediation communities. The Practicum Project…

Halifax Case Management

…project. A Joint Bench-Bar Case Management Committee had been created at the outset of the pilot project and it was reactivated to determine what, if any, form of a new…

Ontario Telejustice Project

…an interactive question-and-answer format that enables Community Legal Workers (CLW’s) at NALSC to submit legal queries on behalf of NAN community members. These questions get dispatched to lawyers on the…

BC Court of Appeal Case Tracking and Management System (WebCATS)

…search for available time for court or chambers. When deciding to schedule a matter, the scheduler can then click and view the time allotted for each case (the Court of…

Yukon Family Law Information Centre

…standard of living test some help with completing court forms computers for public use to research family law matters and to access and prepare court forms notarization of court forms…

Akitsiraq Law School

…College. Website. Purpose: The need for Inuit lawyers and for a new approach to legal education: Throughout the North there is a growing need for Inuit Lawyers in all levels…

Court of Appeal of Québec Mediation Service Program

…the one and only form that has to be filled out and filed. The form is forwarded to the office of the Court as soon as possible after filing the…

Toronto Case Management (Rule 78)

…rule 78 and amended Rules 24.1 and 77 to implement the Practice Direction. Purpose: Waiting times to obtain dates for both interlocutory motions and trials are unacceptably long and growing….

Nova Scotia Family Law Information Centres (FLICs)

…develop and offer family law information clinics make referrals to community agencies and programs offer computer access You can get information at a FLIC about: court processes and forms how…

Manitoba Justice Child and Family Services Division: Family Conciliation

…permanent program status. Staff presentations on children and divorce to community organizations, and participation in various community and government committees. Presentations by the Grandparent Advisor to grandparent groups and others…

Alberta Discovery Amendments – Cost of Justice

…the examination for discovery. This rule was introduced in 1999 to increase disclosure and reduce surprises at trial. Rule 662 – Streamlined Procedure: 662(1) and (5) – Limits examinations for…

Yukon Judicial Settlement Conference (Rule 37)

…start first and the level of participation of counsel and parties. The settlement conference will be conducted in a respectful way and the conduct of counsel and parties must be…

Prince Edward Island Case Management

…Timeline: 1997: Case management implemented via Practice Note 2006: Practice Notes reviewed and consolidated Publications: Supreme Court of Prince Edward Island, Practice Note 4. PDFExternal Link (September 1, 2006) Purpose:…

New Brunswick Family Court Pilot Project

…for the poor, single parents and First Nations people. Report at publications (2) Following a release of the Task Force’s Report, an implementation committee was formed to implement the recommendations…

Prince Edward Island Simplified Procedure (Rule 75.1)

Year: 1998 Description: Rule establishing mandatory simplified procedure for actions of up to $25 000 in Supreme Court of Prince Edward Island. Status: Permanent implementation Jurisdiction: Prince Edward Island Court:…

Evaluation of the Nova Scotia Small Claims Court

…University research team working in collaboration with the Law Reform Commission of Nova Scotia. The intended audience for this report is the Nova Scotia Law Reform Commission, though we understand…

BC Family Justice Registry (Rule 5)

…the use of the provincial court for Family Relations Act (FRA) matters by promoting the use of early, non-court methods of dispute resolution and by reducing the number and complexity…

Ontario Case Management (Rule 77)

…automatic application suspended in Toronto Jurisdiction: Ontario Court: Superior Court of Justice (Toronto, Ottawa and Windsor) Body Responsible: Civil Rules Committee Timeline: 1988: Joint Committee on Court Reform called for…

Legal Aid Ontario Family Law Expanded Duty Counsel

…open in Hamilton and London February 2000: EDC office in Oshawa opens. October 2002: Prairie Research Associates preparesEvaluation for Legal Aid Ontario. Publications: Evaluation of the Family Law Expanded Duty…

Summary of Ontario Expert Evidence Rules – Cost of Justice

…engaged by a party in preparation for contemplated or pending litigation. Exception to above rule: Rule 36.01(3) – an expert may be examined for the purpose of having the testimony…

Saskatchewan Queen’s Bench Mandatory Mediation

…or shortly after the close of pleadings, and again following completion of examinations for discovery. » Description of Reforms: Section 54.2 relates to civil mediation. After the close of pleadings…

Alberta Rules of Court Project

…Other than various amendments, the Alberta Rules of Court have not been comprehensively reviewed since they were written in 1968. The legal community and the public have raised concerns regarding…

Legal Aid Ontario Family Law Offices

…services in the criminal and family law areas came under extreme pressure in the mid-1990s as the Plan was forced to work within a fixed budget, and the demand for…

Prince Edward Island Inquiry Line

…Body Responsible: Community Legal Information Association of Prince Edward Island (CLIA PEI) Timeline: 1985: Inquiry Line established Publications: CLIA PEI Inquiry Line Community Legal Information Association of Prince Edward Island…

Manitoba Law Phone-In Program and Lawyer Referral Program

…of Manitoba and The Manitoba Law Foundation, and operated by Community Legal Education Association (Manitoba) Inc. Purpose: Law Phone-In was established to meet a need for summary legal information and…

Alberta Law Line

…referrals, and advice province-wide. The legal advice services are offered for specific categories of legal problems and only to those who qualify under the financial eligibility guidelines. Alberta Law Line…

BC Distance Mediation Project

Year: 2009 Description: BC Mediator Roster Society project to provide communication technology for family mediation with non-urban individuals. Status: Completed Jurisdiction: British Columbia Body Responsible: B.C. Mediator Roster Society Timeline:…

Nova Scotia Summary Advice Counsel (SAC)

…of the available opportunities for justice and problem-solving in Family Court… Overall, then, while clearly the evidence underlines the crucial contributions of SAC for both clients and the court system,…

Nova Scotia Civil Rules Revision Project

Year: 2005 Description: Project for comprehensive review and revision of the rules, with the aim of developing rules which are efficient, effective, and clear. Status: New Civil Procedure Rules in…

Federal Court Rules – Summary Judgement and Summary Trial (Rules 213 to 219)

…meeting of the Federal Courts Rules Committee. The draft amendments were also discussed in 2007 and 2008 at the Bench and Bar Liaison Committee meetings. The majority of the members…

BC Facilitated Planning Meetings Program (FPMP)

…Ministry of Attorney General and the Ministry of Children and Family Development strike a committee to explore the reasons for delays in court decisions regarding children and youth. Backgrounder Purpose:…

BC Court Services Online (Electronic Filing)

…enabled electronic forms are available free of charge online through filing or you can access them from the following links; Supreme Court Forms and Small Claims Forms. E-filing is a…

Nova Scotia Action for Claim Valued Under $100,000 (Rule 58)

…directions for disclosure, limit discovery, require witness lists and will-says, limit time for trial or examinations, or any other directions that will make the cost proportionate to the interests at…

Prince Edward Island Task Force on Access to Justice

…litigation, simplify practice and procedures, and improve technology. Jurisdiction: Prince Edward Island Body Responsible: Prince Edward Island Courts Office of the Attorney General Timeline: 2001: Task Force on Access to…

Federal Court Rules – Case Management and Dispute Resolution Services (Part 9)

…provincial rules, and make them accessible and easier to understand. The Committee hosted many consultations with various stakeholders. In January 1998, the new Rules were approved by the Rules Committee…

BC Court of Appeal Settlement Conference Program

…is revoked during the process, the process comes to an end. The procedure is set out in Practice Directive #8. In brief, a joint request for a settlement conference must…

Provincial Court of Alberta, Civil (Small Claims Court)

…a statutorily enacted Court intended to be an expeditious and inexpensive forum to access civil justice. Although the Court must apply established legal principles, it is not bound by the…

Ontario Mandatory Mediation Program (Rules 24.1 and 75.1)

…Court of Justice (Toronto, Ottawa and Windsor) Body Responsible: Civil Rules Committee Timeline: January 1999: Program initiated in Toronto and Ottawa March 2001: Report of the Evaluation Committee released December…

Yukon Small Claims Court

…Territorial Court and can hear cases as part of court circuits to the communities. Every judge of the Territorial Court is a judge of the Small Claims Court. Website Highlights:…

Nova Scotia Self-Represented Litigants Project

…a) developing processes, tools, and training for court staff for dealing with self-represented litigants; and b) providing and promoting additional, accessible print and web-based information for self-represented litigants. Implemented reforms…

Newfoundland and Labrador Small Claims Court

…and Labrador, 2009). [Website] Related Reforms: See also Newfoundland and Labrador Mediation Pilot Project in Small Claims Court Development: The Provincial Court of Newfoundland and Labrador acts in the capacity…

Canadian Judicial Council Statement of Principles on Self-represented Litigants and Accused Persons

…the court process must be open, simple, and accommodating. The court process should be supplemented by alternate dispute resolution procedures and self-help support. We must promote equal justice. Judges and…

Manitoba Judicially Assisted Dispute Resolution (JADR)

…the judge meeting with the parties and their counsel in a case conference. Every case conference has a settlement component – the judge will discuss and offer various methods for…

BC Parenting After Separation Program

…families and the efficient resolution of cases. In 1998, some Lower Mainland communities began to offer PAS sessions in Cantonese, Mandarin, Punjabi and/or Hindi. Purpose: The Ministry of the Attorney…

Tax Court Status Hearings (Rule 125)

…will set dates for the completion of the remaining steps in the appeal, including the exchange of lists of documents, the completion of discoveries and undertakings, a deadline for the…

Federal Court Rules – Simplified Actions (Rules 292 – 299)

…Court: Federal Court Body Responsible: Federal Court of Canada Rules Committee Timeline: 1993: Federal Rules Committee commenced review January 1998: New Rules approved by Rules Committee February 1998: New Rules…

Alberta Class Proceedings Act

…class action has been certified; an opportunity for resident class members to opt out of the class proceeding and for non-resident class members to opt in; provision for the formation…

Newfoundland and Labrador Court Ordered Mediation (Rule 37A)

Year: 2003 Description: Newfoundland and Labrador Supreme Court allowing court-ordered mandatory mediation in civil (non-family) cases. Status: Permanent Implementation Jurisdiction: Newfoundland and Labrador Court: Supreme Court of Newfoundland and Labrador…

The Rule Against Perpetuities

…preliminary proposals for reform, and invites comments as to those proposals and related matters. Status: Completed Jurisdiction: Nova Scotia Publications: The Rule Against Perpetuities – Law Reform Commission of Nova…

BC Small Claims Court Reforms

…were forced to use the more costly and complex process in the Supreme Court. Small Claims Reform Notable Highlights of the Small Claims Act Evidence: the Court may admit as…

Saskatchewan Small Claims Court

…be complied with (i.e. ordering an installment schedule for a payment order); and enabling the claim limit ($5,000 at the time) to be replaced by a higher limit either province-wide…

Alberta Family Law Information Centres

…Calgary Centre began with 2 lawyers and 1 clerk. Over time, the centres expanded their services by developing information booklets, programs and courses for parents, and providing referrals. In October…