Posts filtered by tags: Pintea[x]


 

Is the Pintea Decision Ensuring SRLs Are Given Appropriate Judicial Guidance and Support?

Self-represented litigants (SRLs) make up a significant percentage of litigants appearing before the court in civil and family cases. In the NSRLP’s 2013 report data provided by provincial ministries of justice indicated that at least 40% of individuals who appeared in provincial family court and at least 30% of litigants in civil court are self-represented. These statistics are staggering, and it is no secret that SRLs face unique challenges within the court systems across Canada. Although it i...
Tags: Supreme Court, Law, Canada, Board, Supreme Court of Canada, CJC, Justice Issues, SRL, Pintea, Assessment Review Board, NSRLP, Lauwers, Judicial Council CJC, Pintea Since, Ontario Assessment Review Board


The Two-Fold Dilemma of the Self-Represented Litigant: COVID-19 and Navigating the Court System

[This post was a collaboration written by Anna Sallah and Julie Macfarlane.] COVID-19 has driven up anxieties and everyday challenges for everyone, but for the self-represented litigant, it has raised new and especially difficult issues. Being a self-represented litigant on a normal day is no small feat: it involves tackling issues ranging from searching for and identifying legal resources, to applying arcane and complex rules and procedures, all while navigating unfamiliar territory. Moving fro...
Tags: Law, Court, Canada, Rob, Nova Scotia, Alberta, Supreme Court of Canada, Supreme Court of Nova Scotia, Justice Issues, Julie Macfarlane, Alberta Court of Queen 's Bench, Deborah Smith, Rob Harvie, Pintea, NSRLP, Rules of Court


Lawyers and Self-Represented Litigants: Taking Pintea More Seriously

The 2017 decision Pintea v Johns has been heralded as a watershed moment for self-represented litigants in Canada. In a very short decision written by Justice Karakatsanis, the Supreme Court endorsed the Canadian Judicial Council’s (CJC) Statement of Principles on Self-Represented Litigants and Accused Persons.[1] The Canadian Judicial Council’s statement on self-represented litigants sought to articulate proactive guidelines respecting judges’ responsibilities when hearing cases involving self-...
Tags: Law, Canada, National, Cunningham, Johns, SCC, Karakatsanis, Judicial Council, CJC, Unrau, Canadian Judicial Council, Justice Issues, Forum on Civil Justice, Pintea, Deanne Sowter, Jennifer Leitch


Access to Justice and the Need for Direct Funding of PBO

28,872. That is how many clients Pro Bono Ontario (“PBO”) served across the province in 2018 through services like its Free Legal Advice Hotline, 3 Law Help Centres, 6 medical-legal partnerships, 2 children’s programs and projects serving low-income start-ups and non-profits. In the past decade, demand for PBO’s services has increased by 272%. Yet the same year that PBO helped a record number of people, the charity narrowly avoided closing its court-based centres because the resources afforded P...
Tags: Law, Saskatchewan, Ontario, Supreme Court of Canada, Johns, LSO, LFO, PBO, Justice Issues, British Columbia Alberta, Julie Macfarlane, Pintea, Law Foundation, Free Legal Advice Hotline


Education, Unbundling, Pro Bono, Lawyer Surcharge, Judicial Intervention-What’s the Answer to Achieving A2J?

We know that too many litigants are forced to represent themselves, sometimes with some form of assistance. These are people who cannot afford a lawyer and do not qualify for legal aid. (I am concerned here with people who would prefer to have a lawyer rather than those who want to represent themselves.) They may not even become litigants, but, where they are able, give up the opportunity to seek the justice they believe they deserve. They may then, legal problems left unresolved, find themselve...
Tags: Law, Court, Court of appeal, Small Claims Court, Ontario, Wagner, Moore, Supreme Court of Canada, Johns, Ontario Court of Appeal, Vancouver Sun, Judicial Council, Justice Issues, Law Society of Alberta, Pintea, Pro Bono Students Canada


Self-Represented Litigants in the Courts: How They Are Shaping the Jurisprudence

What happens to a system of expert legal adjudication when in some courts, up to three in four litigants are advocating for themselves without the assistance of counsel? The influx of self-represented litigants (SRLs) into the family, civil and appellate courts (family: 50% across the country, up to 80% in some urban courts; civil between 30-50%; appellate around 30%) is transforming the justice system. And not, as many would say, in a good way. Judges struggle to find a balance between appropri...
Tags: Supreme Court, Law, Alberta, Young, Rogers, Thompson, Gray, Clark, Supreme Court of Canada, Cartwright, Johns, Cassidy, John Cartwright, Justice Issues, SRL, SCR


Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (Mar. 17, 2017 to April 20, 2017 inclusive). Appeals Professions: Costs Against Lawyers Personally Québec (Criminal and Penal Prosecutions) v. J...
Tags: Law, Canada, Court of appeal, Quebec, Alberta, Robinson, Abella, Alliance, Cote, Johns, Lombard, Comeau, Jodoin, Judicial Council, Gubbins, Millington