Analysis

Expanding the Mandatory Pro Bono Discourse

By April Lount, University of Manitoba, Student at the Faculty of Law Pro bono stands as perhaps the single most revered practice within the legal sector, embodying a selfless dedication to justice and the public good. These principles not only align with the ideal model of advocacy, but also directly contribute to access to justice, […]

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Providing Solutions for Canadians “Stuck in the Middle” 

By: Samuel Park, Student at the Faculty of Law, University of Alberta Introduction This post centers on a fundamental issue within Canada’s legal system: the significant disparity in access to justice faced by the middle class. The proposed solution of tax credits presents a promising way forward by addressing both the financial constraints encountered by

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Access to Justice in Rural Communities and the Impact it has on Civil Procedure

By Kayla Cahoon, Student at the Faculty of Law, University of Alberta Introduction In rural communities, access to services, which are readily available in larger cities, is limited. This includes legal services. Rural communities in Canada often must contend with several challenges that hinder their ability to access the legal system effectively. Some of these

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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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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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