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 […]
Providing Solutions for Canadians “Stuck in the Middle” Read More »
By: Nicholas Anderson, Student at the Faculty of Law, University of Alberta The beginnings of this article stem from the second floor of the Edmonton Law Courts, where there has been a semi-recent implementation of an Indigenous Court in Room 266. Here, Indigenous offenders can have their cases heard, while feeling a sense of Indigenous
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
Access to Justice in Rural Communities and the Impact it has on Civil Procedure Read More »
By Mackenzie Doll-Mercier, Student at the Faculty of Law, University of Alberta When an individual has a civil litigation matter, they have a few options in how they can resolve it. A civil litigation matter could be dealt with by summary judgment, by proceeding to trial, or alternatively, it could be settled outside of court.
New Year, New Trial Procedure Read More »
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
An Assessment of the Post-Hryniak Summary Judgement Rule in Alberta Read More »
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,
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
Transgender People’s Access to Justice in the Courts Read More »
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
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
By: Dr. 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
The Federal Courts Advantage in Civil Procedure Read More »
