If, in the court's opinion, scheduling the summary judgment motion would not be a prudent
use of judicial resources, Judges should be prepared to refuse to schedule the motion.
One thing to think about is whether the European advantage is not just in their rules, but also in the relative
proportion of judicial resources they throw at a case.
Three judges — Justice Pepall, Justice Nordheimer and now Justice D.M. Brown — have collectively said there is a «chronic» and «manifest»
lack of judicial resources in the civil and criminal law systems in Toronto.
Not only did this financially devastate the parties and affect Liam detrimentally as set out in my Reasons, but it also resulted in the use of an inordinate
amount of judicial resources.
The Rainy River court district also includes Fort Frances and Atikokan, Ont., all of which have seen declining numbers of court days with the decreasing availability
of judicial resources in recent years, says Morgan.
The Supreme Court's decision in R. v. Jordan, 2016 SCC 27, gave priority to criminal cases being tried within a reasonable timeline, resulting in criminal cases receiving the
majority of judicial resources and civil cases being further delayed.
«At the present time, the Superior Court of Justice is operating under conditions of
scarcity of judicial resources relative to the demands generated by litigants in the system,» Brown writes in Atlas.
The database is an attempt to address challenges for the administration of justice and
management of judicial resources that arise from multi-jurisdictional class actions.
«Due to the ongoing
shortage of judicial resources at the Court of Queen's Bench of Alberta, the Court has been put in a position where it must curtail some of its services,» said Chief Justice Neil Wittman and Associate Chief Justice John Rooke in last week's announcement.
Considering the forum selection clause, the Court held that the most efficient use
of judicial resources dictated that all of the issues be litigated together in the B.C. Court.
«Multiple proceedings and the consequent
waste of judicial resources is now a huge concern not just in the central west region of Ontario — one of the busiest in Canada — but throughout the country.»
Nevertheless, if followed, this case could have significant impact for employment litigation in Alberta, particularly given the
lack of judicial resources and the long wait for trial dates.
The frequency of these allegations, albeit not their substantiation, is continuing to increase, as shown in recent work of the Canadian Research Institute for Law and the Family (PDF), and these cases are sucking up increasing
amounts of judicial resources, not to mention litigating parents» financial resources.
«They often drag innocent bystanders into the quagmire and inevitably consume a disproportionate
share of judicial resources, with little regard to the intended application of court rules and processes.»
Over time, appeal by way of trial de novo gave rise to increasing concern about inefficiency, waste
of judicial resources, and potential abuse.
This is due primarily to lack (or improper allocation)
of judicial resources.
The class action law suit allows plaintiffs to pool their efforts and it makes for a more efficient use
of judicial resources.
It would not only be a waste
of judicial resources but would also be unfair to the suspect to make him stand trial if a conviction is unlikely.
Ford maintains that abstention is appropriate because the Boone Circuit Court exercised its jurisdiction first and, therefore, the current federal proceedings involve «piecemeal litigation that amounts to an unnecessary waste
of judicial resources.»
In part those funds come from the court fees paid by court users, and in part from the Exchequer, but the constraints upon those resources, from whatever source, have led to reductions in staff and a lack
of judicial resources.
A few difficult cases require an inordinate amount
of judicial resources and are wearing on all the professionals involved, not to mention the adverse effects on the children.
Mediation is increasingly popular in divorce cases because it helps to minimize conflict, prevents the waste
of judicial resources, and can help couples come to mutual agreements that are tolerable to both parties.