Access to Justice Blog

The Overlooked Danger of Using Digitization as a Solution to the Access to Justice Problem

By Rachel Poznikoff With Covid-19 lockdowns came a necessary shift towards digital methods of pre-trial and trial procedures across Canada, and even as the world has resumed to a new normal, it does not appear as though these digital options are going anywhere. In Alberta, virtual options remain available for various types of hearings, questionings, …

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The Behaviour of Defendants May Significantly Influence Whether the Alberta Court of Appeal Dismisses an Action for Delay

By Cassandra Paterson In three recent decisions, the Alberta Court of Appeal (the “ABCA”) paid close attention to the defendants’ behaviour when deciding whether to dismiss a claim or action for delay under Rules 4.31 and 4.33 of the Alberta Rules of Court. Rules 4.31 and 4.33 are relevant when a delay has occurred in …

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The Federal Courts Advantage in Civil Procedure

By Gerard Kennedy In a recent article to be published in the Canadian Bar Review, I analyzed whether procedure in the Federal Court and Federal Court of Appeal (the “Federal Courts”) is more efficient than in many large superior courts and thus is better suited to facilitating access to justice. Through a combination of analyzing …

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French Language CPD Event: L’interprétation et la traduction dans un dossier civil bilingue

le 29 novembre    |    midi à 14h00   |    en présentiel Lorsqu’un(e) client(e) souhaite accéder aux tribunaux manitobains en français pour régler une affaire civile, cela donne à leur avocat(e) une opportunité importante de soutenir l’exercice de ce droit linguistique. Cela soulève également de nombreuses questions sur la procédure à suivre pour obtenir …

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Can the Legislature Order Dismissal of a Case Against the Government? 

By Dr. Gerard Kennedy & Tasha Ellis 5185603 Manitoba Ltd et al v Government of Manitoba et al, 2023 MBCA 47 Provinces can, theoretically, abolish private law causes of action. They can even pass legislation to extinguish judgments. But can they constitutionally compel dismissal of a cause of action while in progress? That was the …

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Chief Justice Chartier’s Civil Procedure Legacy: Attuned to Access to Justice

By Dr. Gerard J. Kennedy Across Canada, the chief justices of the provinces have been known to take a lead on “access to justice”. This is often, but by no means exclusively, done through emphasizing how to apply and potentially reform civil procedure. In my forthcoming Manitoba Law Journal article, I analyze the legacy of …

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Rare Vexatious Litigant Order Upheld by the Court of Appeal in Manitoba: College of Registered Nurses of Manitoba v. Hancock, 2023 MBCA 70

By Dr. Gerard Kennedy & Tasha Ellis In a 2023 Manitoba Court of Appeal decision,[1] Justice Mainella provided an overview of the history, purpose, and challenges involved in vexatious litigant orders. In this vein, he also considered the “co-existing” inherent and statutory[2] jurisdiction of Manitoba courts to approve, dismiss and even initiate a motion for a vexatious …

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Digital Divides in Access to Justice

By April Lount Access to Internet is a Precursor for Access to Justice In 2007, Chief Justice McLachlin famously called on the legal community to recognize a critical need for access to justice solutions across Canada.[1] Since then, access to justice has become a focal point for government, communities, regulators, law associations, researchers and educators. …

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