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ARTICLE · 24 FEBRUARY 2021

Has The Litigation Culture Shift Happened?

Torkin Manes LLP
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In 2014, the Supreme Court of Canada issued a judicial clarion call in Hryniak v. Mauldin 2014 sec 7.

CanadaLitigation, Mediation & Arbitration
Marco P. Falco
Marco P. Falco
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In 2014, the Supreme Court of Canada issued a judicial clarion call in Hryniak v. Mauldin 2014 sec 7. The court required a litigation "culture shift" in Canada, requiring the judiciary and lawyers to apply more efficient modes of resolving parties' disputes. 

Nearly seven years on, and the culture shift is still arguably in its inception. The pandemic has exacerbated problems identified in Hyrniak: judicial resources are scarce; courts remain severally pressed; and now more than ever, the need for "fast justice" has become acute. 

A recent decision of the Ontario Court of Appeal, Louis v. Poitras 2021 ONCA 49, addresses the culture shift head-on. 

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