Sentences with phrase «canadian litigants»

The American litigation often leads the process and that offers Canadian litigants advantages in terms of discovery particularly where, as is often the case, the government acts first using its considerable resources.

The order made by Fenlon J. will finally determine Google's obligation to block search results on a worldwide basis at the instance of Canadian litigants.

More than half the litigants in Canadian family courts are there without lawyers, and a recent study found more than two - thirds of individual Canadian litigants were representing themselves.

The 7 - 2 decision (Justices Côté and Rowe dissented, finding that there were alternatives available, the order is ineffective, and expressing concern that the «temporary» injunction was effectively permanent) is not a surprise — last week's Facebook's decision suggested a willingness to side with the weaker Canadian litigant against Internet giants — but the decision will ultimately grant Google more power, not less.

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a Georgia injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a Tennessee injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a Missouri injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a California injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a North Carolina injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a foreign injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Not exact matches

«In some courts, on some days, I am told, unrepresented litigants are up to 40 of the cases,» McLachlin told a Canadian Bar Association audience.

The fact that the majority of Canadians can not afford to seek justice through the current system is a problem which far outstrips in magnitude concerns about maximizing procedural and due process protections for those litigants who are presently able to access the system.

Much of the research and writing on access to justice issues in the last five years, including that of the Canadian Bar Association and Julie Macfarlane's National Self - Represented Litigants Project, has discussed unbundling as a potential, albeit partial, remedy.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

By James Cooper www.selfreplawyer.ca In the decade since the Canadian Judicial Council published its Statement of Principles on Self - Represented Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves litigants who represent themselves at court.

Citing the Canadian Judicial Council's «Statement of Principles on Self - Represented Litigants and Accused Persons», the Court went on to make a ruling that included an explanation of law and in particular procedure and limitations.

Citing the Canadian Judicial Council's «Statement of Principles on Self - Represented Litigants and Accused Persons», the Court went on to make a ruling that included an explanation -LSB-...]

; citing: Andre Gallant, «The Tax Court's Informal Procedure and Self - Represented Litigants: Problems and Solutions» (2005), 53 Canadian Tax Journal 2; and, Anne - Marie Langan, «Threatening the Balance of the Scales of Justice: Unrepresented Litigants in the Family Courts of Ontario» (2005), 30 Queen's L.J. 825, «the author cites data compiled by the Ontario Ministry of the Attorney General, which show that in 2003, 43.2 percent of applicants in the Family Court Division of the Ontario Court of Justice were not represented by counsel when they first filed with the court.

In our Canadian justice system, self - represented litigants («SRLs») are arguably the underdogs since they face a host of obstacles including large financial costs and unnecessarily complicated processes.

(This is certainly the experience of many of the unrepresented litigants discussed in Macfarlane's research and the Canadian Bar Association's recent report on access to justice.)

[1] For recent discussions on self - represented litigants and the justice system, see e.g. Julie Macfarlane, The National Self - Represented Litigants Project: Identifying and Meeting the Needs of Self - Represented Litigants, Final Report (May 2013); Trevor C. W. Farrow et al., Addressing the Needs of Self - Represented Litigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA)(Toronto and Edmonton: ACCA, Marlitigants and the justice system, see e.g. Julie Macfarlane, The National Self - Represented Litigants Project: Identifying and Meeting the Needs of Self - Represented Litigants, Final Report (May 2013); Trevor C. W. Farrow et al., Addressing the Needs of Self - Represented Litigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA)(Toronto and Edmonton: ACCA, MarLitigants Project: Identifying and Meeting the Needs of Self - Represented Litigants, Final Report (May 2013); Trevor C. W. Farrow et al., Addressing the Needs of Self - Represented Litigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA)(Toronto and Edmonton: ACCA, MarLitigants, Final Report (May 2013); Trevor C. W. Farrow et al., Addressing the Needs of Self - Represented Litigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA)(Toronto and Edmonton: ACCA, MarLitigants in the Canadian Justice System, a White Paper prepared for the Association of Canadian Court Administrators (ACCA)(Toronto and Edmonton: ACCA, March 2012).

Current opposition to the project includes six First Nations litigants at the Canadian Federal Court of Appeals, 150 Nations, Tribes, and Bands from Canada and the United States (Treaty Alliance Against Tar Sands Expansion), the province of British Columbia, the state of Washington, 22 BC municipalities, 300,000 petition signers, and more than 24,000 people who have pledged to do «whatever it takes to stop Kinder Morgan.»

McLachlin also poured cold water on the idea of sabbaticals (as suggesed in by Charron in an interview with Canadian Lawyer) to allow Supreme Court judges a chance to recharge their batteries, explaining that litigants may factor the absence of certain judges into a decision on whether to appeal.

She joined the Access to Justice All - Stars from the National Self - Represented Litigants Project and was recognized as one of Canada's 26 New - Law Pioneers by the Canadian Bar Association last year.

In the spirit of resolute movement forward, I offer two ideas imported from the old world — one relatively challenging and the other relatively mundane — for balancing the scales of justice for Canadian civil and family litigants:

The increasing number of self - represented litigants says something about the value Canadians place on a functioning, accessible legal system.

In the decade since the Canadian Judicial Council published its Statement of Principles on Self - Represented Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves litigants who represent themselves at court.

As of this writing, many judges aren't familiar with the Canadian Judicial Council's advisory Statement of Principles on Self - Represented Litigants.

In 2006, the Canadian Judicial Council adopted a Statement of Principles on Self - Represented Litigants.

Pretty much every report on self - represented litigants, from the work of the Canadian Research Institute for Law and the Family to the Action Committee on Access to Justice in Civil and Family Matters to the CBA's Envisioning Equal Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessiblelitigants, from the work of the Canadian Research Institute for Law and the Family to the Action Committee on Access to Justice in Civil and Family Matters to the CBA's Envisioning Equal Justice Initiative to the National Self - represented Litigants Project, agrees that the cost of legal representation is the number one barrier to accessibleLitigants Project, agrees that the cost of legal representation is the number one barrier to accessible justice.

A web - based legal analytics tool that helps lawyers and self - represented litigants identify trends in historical Canadian legal data.

Here's my previous take on the subject which appeared in The Canadian Lawyer Magazine online: «If it ain't fixed, then break it: pro se litigants, civil justice reform, and the economics of law»

Apparently, litigants who favour these litigation strategies have plagued Canadian... [more]

He says B.C.'s legal aid system receives 30 - per - cent less funding compared with other Canadian jurisdictions, helping increase the proportion of self - represented litigants using the courts.

Report Commented On: Canadian Research Institute for Law and the Family, Comparing the Views of Judges and Lawyers Practicing in Alberta and in the Rest of Canada on Selected Issues in Family Law: Parenting, Self - represented Litigants and Mediation (2016)

The blog of the National Self - Represented Litigants Project funded by the University of Windsor Faculty of Law has a recent guest post on the role that Canadian law libraries can play to help SRLs.

According to Pro-Bono Students Canada, there were an astounding 5000 self - represented litigants in the Canadian tax courts alone between 2008 and 2012.

Although the reasons are very brief, the Court did «endorse the Statement of Principles on Self - represented Litigants and Accused Persons (2006) established by the Canadian Judicial Council» (available here).

See the Canadian Forum on Civil Justice and their Access to Justice Blog and Cost of Justice project, for example, as well as the work of the National Self - Represented Litigants Project (NSRLP).

The Canadian (though seemingly focused mainly on Ontario) equivalent, the National Self - Represented Litigants Project (NSRLP) seeks to serve both constituencies.

In Canadian courts, even though they are not litigants, third parties may have an interest in intervening in court proceedings because the court's judgment may affect them or others whom they represent.

The Supreme Court of Canada's unanimous decision in Pintea endorsed the Canadian Judicial Council's Statement (henceforth «Statement») for dealing with self - represented litigants (SRLs), and implicitly acknowledged the procedural challenges -LSB-...]

The goal was to develop data on the experience of self - represented litigants in three Canadian provinces: Alberta, British Columbia and Ontario.

This dubious litigation strategy is certainly not confined to Canadian family law litigants.

In addition, this report pairs nicely with the conclusions reached in the Canadian Research Institute for Law and the Family's 2014 report, «Self - Represented Litigants in Family Law Disputes: Contrasting the Views of Alberta Family Law Lawyers and Judges of the Alberta Court of Queen's Bench» by John - Paul Boyd and Lorne Bertrand.

The research for this White Paper, prepared for the Association of Canadian Court Administrators, has revealed an important service gap that exists in the Canadian justice system in terms of what self - represented litigants (SRLs) need and what is currently being provided.

This publication from the National Self - Represented Litigants Project is a guide to the use of the freely available online database of case law and legislation from the Canadian Legal Information Institute (CanLII).

Research conducted by The Canadian Research Institute for Law and the Family shows that these hearings result in high satisfaction rates for litigants, lawyers and evaluators.

Instead, the Court wrote: «we would not endorse the suggestion that the bank could be subjected to a higher standard of scrutiny than the average commercial litigant because of its privileged condition in Canadian society.»