The
judge found that, first, there was foreseeability
of damage and that, second, there existed a
sufficient degree
of proximity between McKie and the college, despite the
number of years that had gone by: «It is undoubtedly true that six years had elapsed, effectively, since the claimant had been employed by the defendants.
Both solutions will occur because the power
of the news media and
of the internet, interacting, will quickly make widely known these types
of information, the cumulative effect
of which will force governments and the courts to act: (1) the situations
of the thousands
of people whose lives have been ruined because they could not obtain the help
of a lawyer; (2) the statistics as to the increasing percentages
of litigants who are unrepresented and clogging the courts, causing
judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing
numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice
of law» because they tried to help others desperately in need
of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision
of legal services, which is why they might block the expansion
of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members
of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule
of law, the Canadian Charter
of Rights and Freedoms, and the whole
of Canada's constitution be able to operate effectively and command
sufficient respect, the majority
of the population must be able to obtain a lawyer at reasonable cost.