Access to Justice Blog

An Assessment of the Post-Hryniak Summary Judgement Rule in Alberta

By Joy Brailean, Student at the Faculty of Law, University of Alberta In Hryniak v Mauldin, the Supreme Court of Canada urged courts to optimize procedural mechanisms for improved access to justice. While fair adjudication is paramount to Canada’s civil justice system, excessive expense and delay can preclude equitable dispute resolution altogether. Balance must be […]

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Evaluating How Alberta Courts Have Issued Vexatious Litigant Orders After the Vexatious Litigant Order Trilogy

By Jessa Meyer*, Student at the Faculty of Law, University of Alberta A vexatious litigant order (“VLO”) is used to prevent a vexatious litigant from commencing or continuing proceedings in court, unless the litigant obtains permission from the Court to do so. In 2020, the cases of Jonsson v Lymer, Makis v Alberta Health Services,

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Transgender People’s Access to Justice in the Courts

By Mackenzie Coleman, Student at the Faculty of Law, University of Alberta Within the Canadian legal system, transgender people have faced a wide range of pressing and well-documented legal needs and yet, most of these needs remain unmet. Along with this, transgender people have historically, and continually, faced systematic access to justice barriers and regularly

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

By Rachel Poznikoff, Student at the Faculty of Law, University of Alberta 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

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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, Student at the Faculty of Law, University of Alberta 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

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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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