Not exact matches
With virtually no accountability to anyone, perhaps its time for the justice
system to take a page
out of the private sector and make the
system operate for the clients (
litigants) as opposed to the judges,
court staff and lawyers who operate in it.
The hope is to have the family law cases settle at an early stage in the litigation process to get them
out of the
court systems and to save the
litigants money.
One assessor pointed
out that
litigants with considerable experience manipulating the
court system are uniquely well - equipped to take advantage
of governing bodies» complaint mechanisms.
The duty
of preservation is a foundational concept in our legal
system that grows
out of the common law concept
of spoliation, which is more than 200 years old: if
courts exist to make determinations about disputed facts, and if the trier
of fact must make those determinations using the available evidence, then no
litigant should be allowed to gain advantage in those determinations by destroying relevant evidence before the trier
of fact can consider it.
The divisive and often emotion - charged debate is being played
out against a backdrop
of a legal
system so short
of affordable lawyers that Canadian
courts are becoming clogged with self - represented
litigants.