Warren Winkler, chief justice of the Ontario Court of Appeal, raises the issue in today’s Star of the problem of access in our justice system due to rising costs and lengthening delays.

He identifies measures already taken to address this, specifically small claims courts, simplified procedures in the Superior Court of Justice and flexible civil litigation case management.

Also applicable but overlooked by Winkler are administrative tribunals, similarly designed to reduce cost and provide quick resolutions to disputes.

But Winkler also proposes reforms to focus litigation so that it is “proportionate to the monetary value, complexity and social impact of the lawsuit.”

Winkler said,

From a systemic perspective, we must keep our legal processes simple and reduce the number of mandatory steps in each lawsuit that drain resources without adding much value. Cases with serious financial and emotional impact (e.g. employment and family) may well require special procedures to reduce litigation costs and expedite resolution, regardless of the amount at issue. Moreover, there is nothing more effective in the court system than a “day of reckoning.” A fair and just system of justice requires a courtroom, a judge and a non-adjournment policy. The certainty of an early trial date will produce fairer settlements or timely adjudication, and prove to be less costly to litigants.