ONCA Criticizes Courts For "Lack Of Transparency": Absence Of Operational Data "Impedes" Court Performance

In Moffitt v. TD Canada Trust, 2023 ONCA 349, the Court of Appeal commented on Ontario courts' lack of transparency with respect to decision making. The issue arose in an appeal from a successful motion for summary judgment. Writing for the court, Brown J. reiterated the Supreme Court of Canada's comments in Hryniak v. Mauldin, 2014 SCC 7, that most Canadians cannot afford to litigate, that a conventional trial is not a realistic alternative for most litigants, and that a culture shift is therefore required to create an environment that promotes timely and affordable access to justice - in part, by moving the emphasis away from the conventional trial and by recognizing that alternative models of adjudication are no less legitimate.