Canada’s civil-justice system, writes Sean Fine for the Globe and Mail, “is breaking down, mired in procedures that no longer make sense, according to the Supreme Court of Canada.” Stays for delay are high and the Jordan ceiling has had “the unintended effect of draining the civil system’s resources” since criminal cases are prioritized due to their time-limit. On top of that, scores of judicial vacancies remain unfilled despite the fact that judicial retirements are “known months or even years in advance.” There is an ongoing exodus of clerical staff and court reporters who are going on to better-paying work, leaving judges to use their time for clerical work at the expense of legal work.

Sean Fine, Geoffrey Cowper, and the many legal experts cited in this article suggest several recommendations for fixing the system. These recommendations range from the blatantly obvious (filling judicial vacancies on the day of a judge’s retirement) to the innovative (implementing a “one-judge, case-managed model to help narrow issues early and avoid side battles”).

See: Sean Fine, “Civil inaction in Canada’s courts” (20 September 2024). The Globe and Mail.